Town Charter: Article 6 - Administrative Organization

(a) The organization of the Town into operating agencies for the provision of services and the administration of the government may be accomplished through either of the methods provided in this article.

(b) Ordinances - Subject only to express prohibitions in a general law or the provisions of this Charter, the Town Council may, by ordinance, reorganize, consolidate, create, merge, divide or abolish any Town agency, in whole or in part; establish such new Town agencies as it deems necessary or advisable, determine the manner of selection, the term of office and prescribe the functions of all such entities; provided, however, that no function assigned by this Charter to a particular Town agency may be discontinued, or assigned to any other Town agency, unless this Charter specifically so provides.

(c) Administrative Code - The Mayor may from time to time prepare and submit to the Town Council plans of organization or reorganization which establish operating divisions for the orderly, efficient or convenient conduct of the business of the Town. Whenever the Mayor prepares such a plan the Mayor shall hold one (1) or more public hearings on the proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the proposal and the time and place at which the hearing will be held, not less than seven (7) nor more than fourteen (14) days following said publication. Following such public hearing, the proposal, which may have been amended subsequent to the public hearing, shall be submitted to the Town Council by the Mayor. An organization or reorganization plan shall become effective at the expiration of sixty (60) days following the date on which the proposal is submitted to the Town Council unless the Town Council shall, within said sixty (60) days, by a majority vote, vote to disapprove the plan. The Town Council may vote only to approve or to disapprove the plan and may not vote to amend or to alter it. The Mayor may, through the administrative code, and subject only to express prohibitions in a general law, or this Charter, reorganize, consolidate or abolish any Town agency, in whole or in part; establish such new Town agencies as is deemed necessary to the same extent as is provided in subsection (b), above, for ordinances; and for such purpose transfer the duties and powers and, so far as is consistent with the use for which the funds were voted by the Town, transfer the appropriation of one Town agency to another; provided, however, that no function assigned by this Charter to a particular Town agency may be discontinued or, assigned to any other Town agency unless this Charter specifically so provides.

Every organization or reorganization plan submitted by the Mayor pursuant to this provision shall contain a proposed ordinance which sets out, in detail, such amendments, insertions, revisions, repeals or otherwise of existing ordinances as may be necessary to accomplish the desired reorganization. Such reorganization plan and proposed ordinance shall be accompanied by a message of the Mayor, which explains the benefits expected to ensue if the plan is adopted.

SECTION 6-2: MERIT PRINCIPLE

All appointments and promotions of Town officers and employees shall be made on the basis of merit and fitness demonstrated by examination, or by other evidence of competence and suitability.

SECTION 6-3: DEPARTMENT OF MUNICIPAL FINANCE

Establishment, Scope - There shall be a Department of Municipal Finance responsible for the performance of all of the fiscal and financial activities of the Town. The Director of Municipal Finance shall assume all of the duties and responsibilities related to municipal finance activities which prior to the adoption of the Home Rule Charter were performed by or under the authority of the Town Accountant, the Town Treasurer, the Town Collector, and the Board of Assessors; and it may have such additional powers, duties and responsibilities with respect to municipal finance related functions and activities as the Town may from time to time provide, by ordinance. So much of the powers of a chief procurement officer which the Mayor does not personally exercise, shall be assigned to the Department of Municipal Finance. All activity by the Mayor acting as a Chief Procurement Officer shall be processed through the Department of Municipal Finance.

Director of Municipal Finance - The Department of Municipal Finance shall be under the direct control and supervision of a Director of Municipal Finance who shall be appointed by and who shall be responsible to the Mayor. The Mayor shall also appoint the person, or persons, performing the duties of Town Collector and Town Treasurer. The Director of Municipal Finance shall be a person especially fitted by education, experience and training to perform the duties of the office. The Director of Municipal Finance shall be responsible for the supervision and coordination of all activities of the Department of Municipal Finance in accordance with General Laws, Town bylaw, administrative code and rules and regulations. The Director of Municipal Finance shall serve, as the Mayor may from time to time specify, as the Town Treasurer, Town Collector, Treasurer-Collector or Town Accountant.

SECTION 6-4: DEPARTMENT OF PLANNING AND DEVELOPMENT

Establishment, Scope - There shall be a Department of Planning and Development responsible for the coordination of all the planning and development related activities of the Town. The Director of Planning and Development shall be responsible for the coordination of all of the duties and responsibilities related to planning and development activities which prior to the adoption of the Home Rule Charter were performed by or under the authority of the Planning Board, Board of Appeals, and the Conservation Commission; and it may have such additional powers, duties and responsibilities with respect to the coordination of planning and development related functions and activities as the Town may from time to time provide, by ordinance, and which may include the coordination of all land acquisition and land management proposals, economic development planning, the preparation of a comprehensive or master plan and maintenance of a centralized source of records, reports, statistical data and other planning and development related materials.

Director of Planning and Development - The Department of Planning and Development shall be under the direct control and supervision of a Director of Planning and Development who shall be appointed by and who shall be responsible to the Mayor. The Director of Planning and Development shall be a person especially fitted by education, experience and training to perform the duties of the office. The Director of Planning and Development shall be responsible for the supervision and coordination of all activities of the Department of Planning and Development in accordance with General Laws, Town ordinances, administrative code and rules and regulations.

SECTION 6-5: ASSISTANT TO THE MAYOR FOR ECONOMIC DEVELOPMENT AND MARKETING

The Mayor may appoint an Assistant for Economic Development and Marketing for an indefinite period term whose function it is to promote the economic development and marketing of the Town of Greenfield in accordance with the direction of the Mayor.

SECTION 6-6: DEPARTMENT OF CENTRAL MAINTENANCE[3]

There shall be a Department of Central Maintenance consistent with the Central Maintenance Committee's recommendations as provided by ordinance.

SECTION 6-7: PLANNING AND CONSTRUCTION OF MUNICIPAL BUILDINGS AND OTHER FACILITIES

(a) Compensation, Mode of Appointment and Term of Office - There shall be a Planning and Construction Committee (which may be referred to as the "Planning and Construction Committee") consisting of seven (7) members. Six (6) of the committee members shall be appointed by the Mayor for terms of three (3) years each so arranged that the term of two (2) members shall expire each year. In making appointments to the committee, the Mayor shall seek persons having experience in the fields of architecture, engineering, construction, real estate, or law. The seventh member of the committee shall be designated, annually, by the School Committee and may, be a member of the School Committee.

(b) Powers and Duties - The Planning and Construction Committee shall be responsible for monitoring the physical condition of all municipal buildings and other facilities. The committee shall meet from time to time with representatives of municipal agencies to evaluate the need for additions, renovations, or remodeling of any existing building or facility or for the construction of new buildings or other facilities. The committee shall file written reports, at least annually, with the Mayor in which, it shall make recommendations as to the need for any project or projects.

Whenever any construction work on any municipal building or other facility is authorized, the Planning and Construction Committee shall be responsible for all work in connection with the project including site planning, surveying, engineering studies, architectural plans and specifications and the supervision of construction.

SECTION 6-8: DEPARTMENT OF HUMAN RESOURCES

(a) Establishment, Scope - There shall be a Department of Human Resources, which shall be responsible for all personnel and employee-related functions and activities of the Town government and its administration. The Department of Human Resources shall assume all of the duties and responsibilities related to human resources activities which, prior to the adoption of the Home Rule Charter, were performed by or under the authority of the Town Accountant, the Town Treasurer, and the heads of Town agencies; and it may have such additional powers, duties and responsibilities with respect to human resources related functions and activities as the Town may from time to time provide, by ordinance. The Department of Human Resources may, at the request of the School Committee, perform any of the same services for employees of the school department as it provides for Town employees generally.

The functions of the Department of Human Resources shall include the following:

1. Plan, administer and direct all phases of all municipal personnel plans and collective bargaining agreements, including job description, position classification, sick and vacation day administration, accident prevention programs, employee grievance procedures, physical examination processing, testing, review and evaluation of work records and all other record keeping related to Town employees.

2. Develop new and revised personnel policies and practices to maintain and keep current the existing high standards for municipal personnel.

3. Review and evaluate all requests for new or additional personnel made by Town agencies and make recommendations to the Mayor.

4. Advise and assist all agency heads and employees in all aspects of municipal personnel matters including recruitment, promotion, transfer, training, wages, insurance and other benefits of employment.

(b) Director of Human Resources - The department shall be headed by a Director of Human Resources appointed by the Mayor and who shall be responsible to the Mayor. The Director of Human Resources shall be a person especially fitted by education, experience and training to perform the duties of the office. The Director of Human Resources shall be responsible for the supervision and coordination of all activities of the Department of Human Resources in accordance with General Laws, Town ordinances, administrative code and rules and regulations.

SECTION 6-9: BOARD OF LICENSE COMMISSIONERS

There shall be a Board of License Commissioners which shall have the power to issue licenses for inn-holders or common victuallers, have the powers of a Licensing Board appointed under MGL c. 138, § 4, and to be the licensing authority for the purposes of Chapter 138 and Chapter 140 of the General Laws and which shall have all of the other powers with respect to licenses which prior to the adoption of the Home Rule Charter were exercised by the Board of Selectmen. The Board of License Commissioners may grant licenses relating to alcoholic beverages under Chapter 138 of the General Laws and those licenses under Chapter 140 of the General Laws which are not, by the provisions of said chapter, placed within the jurisdiction of another municipal officer or agency, and it shall have all the powers and duties of a licensing authority under said chapters.

The Board of License Commissioners shall consist of five (5) voters appointed by the Mayor for terms of three (3) years, beginning on the first business day of July. No person while a member of the Board of License Commissioners shall have any connection, directly or indirectly, with the sale or distribution of alcoholic beverages in any form.

SECTION 6-10: RECREATION COMMISSION[4]

There shall be a Board of Recreation Commissioners consisting of five (5) members and two (2) alternates appointed by the Mayor and approved by the Town Council, serving staggered three-year terms. The Board of Recreation Commissioners shall act in an advisory capacity to the Mayor. Any vacancy of a regular member of the Recreation Commission shall be filled by the appointment of an alternate member by the Mayor.

SECTION 6-11: PUBLIC SAFETY COMMISSION

(a) There shall he a Public Safety Commission consisting of five (5) members, all of whom shall be residents and registered voters of the Town, appointed by the Mayor subject to provisions of section 2-10.

(b) At the first meeting in each fiscal year, the commission shall elect a chairperson, vice chairperson and secretary and the secretary shall keep a record of its meetings. (Amended 1/5/2017)

(d) Powers and Duties: The commission shall assist the Mayor in the supervision and oversight of the police and fire departments, including the coordination of the administration of both departments with one another, and with other Town departments and agencies by making recommendations to the Mayor concerning.

1. Setting priorities within said departments;

2. The annual operating budgets of both departments, after the Mayor and commission have met with the chiefs to discuss the proposed budgets;

3. The capital budget requests of both departments, after the Mayor and the commission have met with the chiefs to discuss the requests, provided, however, that commission members may only inspect the departments on an annual basis in connection with the budget review or in relation to a written complaint from the public. (Inspections shall be made only after approval from the chief has been obtained to insure it will not unduly disrupt department operations.)

4. Final interviews for appointments and promotions of officers and men and women, in the police and fire department, shall be conducted by the commission and the chief. The chief shall submit his recommendations to the commission and the commission, if it does not agree with said recommendations, shall submit written reasons for not concurring with said recommendations to the Mayor. Appointments and promotions of public safety personnel shall be made in accordance with Civil Service Law and General Laws, and local hiring policy requirements as defined by the Mayor, respectively.

(e) The commission shall review written complaints made by the public concerning:

The operation of the police and fire departments, and the conduct of employees of both departments.

All written complaints received shall be forwarded to the chief of the department to which they relate and the chief shall investigate or cause to be investigated said complaints and submit his findings and recommendations, in connection therewith, that he deems appropriate.

The commission shall adopt such rules and regulations, consistent with this ordinance, the civil service statute and police and fire collective bargaining agreements, as it deems necessary to establish procedures to be followed in filing of written complaints by the public, investigating complaints and holding hearings concerning complaints made to it regarding the operation of the police or fire department and the conduct and officers and employees of each department. Citizen complaints shall be considered part of the employee's personnel file.

The commission shall apply the principle of progressive discipline, except those instances where more severe punishment is warranted.

(f) Meetings.[5]

1. The Commission shall meet on a regular basis.

2. Special meetings may be called by the Mayor, Chairman of the Commission or majority vote of the Commission,

3. Minutes shall be kept of all public meetings,

4. The Commission may establish its own rules of procedure including those governing the conduct of its meetings.

(g) In the event of a vacancy, the Mayor shall make an appointment for the balance of said term subject to Town Council approval pursuant to section 2-10.

(h) No member of the Commission shall be an employee of the police department or fire department, nor shall any member of his or her family be an employee or retired member of the police or fire department within sixty (60) months of his or her retirement date.

"Family member" shall mean father, mother, spouse, child, stepchild, grandchild, brother, sister, bother-in-law, sister-in-law, nephew, and niece.

(i) Commission members shall be special municipal employees.

SECTION 6-12: LIBRARY TRUSTEE

(a) There shall be a Board of Trustees of the Greenfield Public Library which shall consist of seven (7) persons appointed by the Mayor, with approval by the Town Council, for a term of three (3) years so arranged that the terms shall be staggered.

(b) The Board of Trustees of the Public Library shall set policies that affect the internal operations of the library. The Board shall have the custody and management of the Library and reading rooms and of all property, including Library trust funds, of the Town Library devoted to Library purposes, subject to the following conditions: all funds raised or appropriated by the Town for the support and maintenance of the Library shall be expended under the direction of the said Board subject to the approval of the Mayor. The Mayor, Library Director, and the Chairperson of the Library Trustees shall consult each other prior to the submission of the Library budget to the Mayor for appropriation.

(c) The Mayor shall, in addition, have the following powers and duties to appoint the Director upon the recommendation of the Board of Trustees and such Director shall be in charge of the day-to-day operations of the Library, subject to the personnel policies of the Town and the Direction of the Board of Trustees.

(d) The Director shall, in addition, have the following powers and duties:

1. To appoint all other officers and employees connected with the Library upon the approval of the Mayor within the limits established by collective bargaining agreements or otherwise, to fix their salaries, define their duties, make rules concerning their tenure of office and to discharge them.

2. To make all reasonable rules and regulations for the operation and management of the Library in consultation with the Mayor.

(e) The Board of Trustees of the Public Library shall, in all matters of general municipal policy and procedures, be subject to policy directives designed to achieve uniformity and better administrative control as may from time to time be issued by the Mayor. Responsibility for the ordinary maintenance of library buildings and grounds may be transferred to a Town Central Maintenance Department by ordinance adopted by the Town Council. The Board of Trustees of the Public Library shall have all the other powers and duties as may be provided by General Law, by Charter, by ordinance or otherwise.

SECTION 6-13: ZONING BOARD OF APPEALS[6]

(a) There shall be a Zoning Board of Appeals consisting of five (5) members and two (2) alternates appointed by the Mayor, approved by Town Council for staggered terms of three (3) years.

(b) The Zoning Board of Appeals shall have all powers which are conferred on zoning boards of appeal by the General Laws and such additional powers and duties as may be provided by this Charter, by ordinance or otherwise.

(c) Any vacancy of a regular member of the Zoning Board of Appeals shall be filled by the appointment of an alternate member by the Mayor.

SECTION 6-14: BOARD OF ASSESSORS

(a) There shall be a Board of Assessors consisting of three (3) members, one (1) appointed by the Mayor for an indefinite term, who would act as "chief assessor" and two (2) elected at large by the voters, for staggered terms of 4 years.

(b) The Board of Assessors shall have all powers which are conferred on Board of Assessors by the General Laws and such additional powers and duties as may be provided by this Charter, by ordinance or otherwise.

(c) Unless otherwise provided by law, the Assessor appointed by the Mayor shall be a full-time employee of the Town and entitled to all the benefits occasioned thereby. The compensation of each Assessor shall be determined by bylaw.

(d) Term of Office – The term of office for all elected members of the board of assessors shall be 4 years each, with staggered terms, beginning on the first business day of January after the town election and until the member’s successor has been qualified.

SECTION 6-15: TOWN CONSTABLES

(a) There shall be two (2) Town Constables appointed by the Mayor for a term of three (3) years.

(b) Town Constables shall have all those powers granted to them by the General Laws and shall perform whatever duties authorized by law at the request of the Mayor.

SECTION 6-16: BOARD OF HEALTH[7]

(a) There shall be a Board of Health consisting of three (3) members appointed by the Mayor for a staggered term of three (3) years, one (1) of whom shall be a physician or a licensed qualified health care professional.

(b) The Board of Health shall have all those powers of all other Boards of Health in this commonwealth and all powers provided by the General Laws and whatever powers are granted to it by the Town Council.

SECTION 6-17: REGISTRARS OF VOTERS

(a) There shall be a Board of Registrars of Voters consisting of four (4) members, appointed by the Mayor, with Town Council approval, in accordance with the General Laws.

(b) The members of the Board of Registrars shall receive such compensation for their services as set by ordinance.

SECTION 6-18: COUNCIL ON AGING[8]

(a) There shall be a Council on Aging consisting of not less than three (3) nor more than fifteen (15) members, appointed by the Mayor for staggered three-year terms.

(b) The Council on Aging director or designee shall consult with the Mayor prior to submission of the Council on Aging budget to the Town Council for appropriation.

(c) The Council on Aging shall, in addition, have the following powers and duties: to select and submit to the Mayor for appointment the candidate to serve as Director of the Council on Aging who shall be charged with the day-to-day administration of the Senior Center, subject to the personnel policies of the Town, the direction of the Mayor, and the ordinances and policies of the Council on Aging.

(d) The Council on Aging shall have management of the Senior Center. The director shall, in addition, have the following powers and duties: to hire all employees of the Senior Center, subject to the approval of the Mayor and within the limits established by collective bargaining agreements or otherwise; to define their duties; and to make recommendations for discharge.

(e) The Council on Aging shall have all other powers and duties as may be provided by all other applicable laws or otherwise granted by the Town Council.

SECTION 6-19: TOWN ATTORNEY

(a) The Town Attorney shall be appointed by the Mayor for an indefinite term.

(b) The Town Attorney shall be a member in good standing of the Bar of the Commonwealth of Massachusetts and shall have sufficient experience and training in municipal law to represent the Town in connection with its municipal affairs and before the Courts of this commonwealth and the United States.

(c) The Town Attorney shall receive an annual salary and other benefits and allowances for expenses as voted by the Town Council.

(d) He/She shall not represent any corporation, individual, business, committee, authority, board or political subdivision of any kind or description which contracts with or has any direct or indirect connection with the Town. The Mayor may, upon complete disclosure by the Town Attorney of his/her intent to represent any individual, corporation or entity, allow such representation provided the Mayor grants such permission in writing, a copy of which shall be filed with the Town Clerk and shall be deemed a public record.

(e) Nothing in this section shall prevent the Mayor from retaining other counsel in order to represent the Town from time to time as the Mayor deems appropriate.

SECTION 6-20: PLANNING BOARD[9]

(a) There shall be a Planning Board consisting of seven (7) members; five (5) members and two (2) alternates appointed by the Mayor, with approval by Town Council, serving staggered three-year terms.

(b) The Planning Board shall have all powers which are conferred on planning boards by General Laws and such additional powers and duties as may be provided by this Charter, by ordinance or otherwise.

(c) Any vacancy of a regular member of the Planning Board shall be filled by the appointment of an alternate member by the Mayor.

SECTION 6-21: CONSERVATION COMMISSION[10]

There shall be a Conservation Commission consisting of five (5) members appointed by the Mayor, with approval by Town Council, serving staggered three-year terms.

The Conservation Commission shall have all powers which are conferred on Conservation Commissions by General Laws and such additional powers and duties as may be provided by this Charter, by ordinance or otherwise.

Any vacancy of a regular member of the Conservation Commission shall be filled by the appointment of a new member by the Mayor

SECTION 6-22: OTHER ELECTED OFFICIALS

(a) At the election, the voters shall, in every year when the terms of officers referred to herein expire, elect the following town officers for the following terms: 3 trustees of the A.K. Warner Trust for a term of 2 years; 3 trustees of the Jennie L. Bascom Education Fund for a term of 2 years; 1 elector under the Will of Oliver Smith for a term of 2 years; and such other officers as required by law to be elected.

(b) Any vacancy to the above-named elected offices shall be filled by the remaining members of the particular office and the Mayor at a joint meeting appointing an individual who shall serve until the next annual election.

SECTION 6-23: CABLE ADVISORY BOARD

(a) There shall be a Cable Advisory Board consisting of three (3) regular members, and two (2) alternates, appointed by the Mayor, with Town Council approval, serving staggered three-year terms.

(b) Any vacancy of a regular member of the Cable Advisory Board shall be filled by the appointment of an alternate member by the Mayor.

SECTION 6-24: MAYOR'S TASK FORCE AGAINST DOMESTIC VIOLENCE

(a) There shall be a mayor's task force against domestic violence to advise the mayor with regard to the formation of public policy on domestic violence. The task force shall consist of 7 members, 3 of whom shall be appointed by the mayor with review by the town council as provided in section 2-10, and 4 of whom shall be appointed as provided in subsection (c).

(b) In making the mayoral appointments, the mayor shall seek persons who are: (i) experienced in the field of youth services; (ii) members of women’s and men’s advocacy groups; (iii) mental health providers; (iv) probation officers in the district or superior court system; and (v) medical professionals on the staff at the Franklin Medical Center. The 3 members to be appointed by the mayor shall serve for terms of 3 years.

(c) The remaining 4 members of the committee shall include: (i) a police officer designated by the chief of police; (ii) a representative of the Franklin county district attorney's office designated by the Franklin county district attorney; (iii) the mayor or the mayor’s designee; and (iv) a town councilor designated by the town council president. The 4 remaining members shall serve for terms of 2 years.

(d) At least 4 members of the task force shall reside in the town of Greenfield. The committee shall meet at least twice annually and shall provide its members with notice of the meetings at least 15 days in advance of such meetings.

(e) The committee shall select a chair by majority vote of the members at a meeting duly called for that purpose.

(f) The terms of all of the members shall be so arranged so that at least 2 of the members' terms shall expire each year.

Article 7

Posted: Fri, Jan 17, 2020 12:52 PM
Updated Fri, Jan 17, 2020 12:00 AM