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Article IV
DUTIES OF TOWN OFFICERS
Section 1. The Selectmen shall be agents of the town to institute, prosecute, defend, and compromise any and all claims, actions and proceedings on behalf of or against the town or in which the interest of the town are or may be involved. They shall annually appoint an individual (added 5/91), who is a member of the bar in good standing, as Town Counsel who shall hold office for the term of one year and until his successor is appointed and enters upon the performance of his duties. They shall in like manner fill any vacancy in said office and may employ special counsel to assist the Town Counsel if and when, in their judgment, necessity therefore shall arise.
They may also appoint an Assistant Town Counsel to assist the Town Counsel in the performance of such of his duties as are hereinafter set forth, as they deem necessary.
The Board of Selectmen may appoint an attorney who is a member of good standing of the Massachusetts Bar, or a Massachusetts law firm, to serve as Assistant Town Counsel for zoning and planning matters and, further, that said attorney need not be a resident of the Town of Swampscott. (1990).
It shall be the duty of the Town Counsel to appear in and conduct the prosecution, defenses or compromise of said claims, actions, and proceedings and the prosecution of actions or proceedings by or on behalf of any town board or officer as such; to conduct proceedings brought by or against the Assessors before the Appellate Tax Board and to assist in the prosecution of said complaints for violation of any by-law of the town, when requested to do so by the board or officer enforcing the same; to conduct the defense of any action or proceedings brought against any town board, officer, or committee as such when the Selectmen, having determined that any right or interests in the town are or may be involved therein, shall so request; to examine and report upon titles to all lands to be acquired by the town; to prepare or approve contracts, bonds,
deeds and other legal instruments in which the town is a party or in which any right or interest of the town is involved; and generally to advise and act for the town boards, officers and committees upon and in legal matters touching the duties of their respective offices. He shall make a written report to the Board of Selectmen concerning the services rendered by him during the year which shall be printed in the Annual Town Report.
Section 2. All town officers, boards and committees shall make a report in writing to the town. Such reports shall be printed in the Annual Town Report, and to permit such printing shall be submitted to the Board of Selectmen no later than January fifth of each year. Contracts for printing Annual Town Reports shall be made by the Selectmen with copies of minutes of all meetings.
Section 2A. Each appointed board, commission and committee shall file the minutes of
its meeting with the Town Clerk in the manner required by Massachusetts General Laws, Chapter 39, Section 23B, and such minutes shall include the names of the members present and absent within 40 days of the scheduled and posted meetings. The Chairman of such board, commission or committee, or the member thereof designated by the Chairman, shall report in writing to the appointing authority all cases in which a member attends less than 70% of the regular meetings of such board, commission or committee held in one calendar year and/or is absent without just cause from three (3) consecutive regular and/or special meetings. Forthwith thereafter the appointing authority may declare a vacancy on the board, commission or committee involved and appoint a successor to finish the term or task of the absent member,
effective upon the approval of this article by the Attorney General of Massachusetts. Said record of attendance and the attendance of elected officials shall be published in the Annual Town Report.
Section 3. The Selectmen shall annually, not less than seven days before the annual meeting, have copies of the town report for all citizens at the office of the Selectmen in the Town Administration Building, 22 Monument Avenue, Swampscott, MA; the Town Clerk shall mail copies of said report, as soon as available, to all Town Meeting members and to other persons who may request same and remit an appropriate fee including postage. (5/88).
Section 4
(1) The Board of Selectmen, or their designee, shall annually prepare a Revenue and Expenditure Forecast Report detailing anticipated revenues, expenditures, and discretionary funds available, if any, for the ensuing three fiscal years.
(2) All elected and appointed officials, including but not limited to the School Committee, Board of Public Works, Assessors, Treasurer, Collector, Clerk, School Superintendent, shall, upon the request of the Board of Selectmen, or their designee, submit any data necessary to complete this report.
(3) The Board of Selectmen, or their designee, shall submit both a written and oral report to the Annual Town Meeting explaining their projections. (5/95)
Section 5. The Board of Selectmen, as agents for the town, shall have insured against loss or damage by fire, all insurable property of the town, both real and personal. Each department of the town shall annually on or before the first day of April, render a complete list of all town property, the real and personal under its control to the Board of Selectmen, together with the description of said property and its estimate of the replacement value thereof. The Board of Selectmen shall similarly contract for liability insurance on behalf of the town or its employees, as may be authorized by statute and vote of the town.
Section 6. The Town Clerk shall notify immediately in writing, all committees that may be elected or appointed at any town meeting and the nature of the business upon which they are expected to act and shall notify the chairman of departments and committees and officers of votes of the town pertaining to their respective departments.
All appointed committees, commissions or boards shall be for a term of one year unless otherwise specified by the Massachusetts General Laws, Town By-Laws or the appointing authority.
Section 7. The Selectmen shall have the power to rent the town hall for any lawful purpose, provided however, that at all times such renting shall be subject to the use by the town for town purposes.
Section 8. Every Board or Officer in charge of a department may, with the written approval of the Board of Selectmen, sell any personal property or material belonging to the Town not required by said department and not exceeding $500 in value.
Section 9. All regular employees other than those appointed by the School Committee, the Police Department and Fire Department, shall be granted holiday leave without loss of pay on the following legal holidays; Christmas Day, January 1, February 22, April 19, May 30, July 4, October 12, November 11, Thanksgiving Day and the first Monday of September, or on the day following when any of the eight days first mentioned occurs on Sunday, or on the previous Friday when any of the eight days first mentioned occurs on Saturday.
Section 10. All regular employees of the Town of Swampscott, other than those appointed by the School Committee, who have served ten years, shall be granted an annual vacation of not less than three (3) weeks per year, such vacations to be granted by the heads of the respective departments at such times in their opinion will cause the least interference with the performance of the regular work of the department. All full time employees of the Town of Swampscott who have completed fifteen (15) years of service shall be granted an annual vacation of not less than four (4) weeks. Such vacations shall be granted by the heads of the respective departments of the Town, at such times as in their opinion will cause the least interference with the performance of the regular work of the Town.
Section 11. The hours of duty of the permanent members of the uniformed
fire-fighting force in the Town shall be such that the average weekly hours of duty in any year, other than hours during which such members may be summoned or kept on duty because of fire or conflagration, shall not exceed forty-two (42) in number.
Section 12.
(a) All boards, department heads, committees and officers of the town shall submit the annual budget for each department on forms approved by the Finance Committee and the Town Accountant.
(b) All bills and vouchers submitted to the Town Accountant for payment of any board, department heads, committees and officers shall contain thereon a reference to the section of the standard budget form to which the expenditure shall be charged.
Section 13. For all contracts for the purchases or disposition of goods, supplies and or services; and for the constructing, reconstructing, alteration, remodeling, repair or demolition of public buildings or public work, or the disposition of real property will follow the appropriate sections of the General Law of the Commonwealth Chapter 30B, Chapter 30, 39M and/or Chapter 149 or such other laws and/or amendments enacted from time to time by the Great and General Court of the Commonwealth of Massachusetts.
The provisions of this section will be deemed to be complied with when purchasing supplies, materials, goods or services made under the provision of Section 22A and 22B of Chapter 7 when one political sub division, as defined in said sub divisions complies with the provisions of the General Laws so defined or when purchases are made from a vendor pursuant to a contract with the Commonwealth for the item or items being purchased. (5/96).
Section 14. A contract in proper form shall thereupon be prepared and, with the specifications, submitted to the Board of Selectmen and shall not be valid until countersigned by said Board. Upon said countersignature, one of the contracts, including the bond, properly executed, together with a copy of the specifications, shall be deposited with the Town Accountant.
Section 15. Every contract shall be accompanied by security as defined in the appropriate statues of the Commonwealth of Massachusetts Chapter 30B, Chapter 30, 39M and/or Chapter 149, or such other laws and/or amendments enacted from time to time by the Great and General Court of the Commonwealth of Massachusetts. (5/96).
Section 16. The engineering services of the Town shall be under the jurisdiction of the Board of Public Works. The Board of Public Works shall appoint a Town Engineer who shall have charge of all engineering pertaining to the town and who shall preserve, arrange and index all plans, surveys, field notes, records, documents and other information relating to the engineering work of the Town so that the same may be readily accessible for public use. The Town Engineer shall furnish proper lines and grades whenever public ways or sidewalks are being constructed or repaired. No water pipes shall be laid in any street or way, nor shall any other public work be done in or upon the same, nor shall any such street or way be accepted by the Town until such street or way has been
built in conformity with the plan duly approved by the Planning Board and on file in the office of the Town Engineer.
Section 17. The town engineer shall assign numbers to all buildings or parts thereof on or near the line of public or private ways within the town and a list of such numbers shall be at all times on file in his office.
It shall be the duty of every owner and/or occupant of each house; building and/or other structure within the town of Swampscott to place thereon the number of said house, building or structure.
The size, color, location and visibility of said numbers shall be as follows:
The minimum height of said number shall be three and one-half (3-1/2) inches in height.
In order to be visible from the road, street or way, the number(s) shall be of a contrasting color.
The number(s) shall be affixed to the front door, or as close to the front door as possible; or if the front door does not face the road, street or way, such number(s) shall be affixed in a manner to be easily read from such road, street or way.
Where there are multiple houses, buildings or structures, located off the road on private ways, roads or lanes, the number(s) shall be placed at the following locations:
(a) The number(s) shall be affixed to a post at the entrance to said private way, road or lane;
(b) If the house, building or structure is so far off the public way causing the numbers to be unidentifiable, a post with the number(s) affixed thereto shall also be placed at the entrance to the driveway leading to the house, building or structure.
Any person, firm or corporation found not to be in compliance with the provisions of this section, shall be liable to pay a fine not to exceed twenty ($20.00) dollars for each violation. A separate offense shall be deemed committed to one each day during or on which a violation occurs or continues. All building, fire, electrical, or health inspectors or their designees, in addition to the police department, shall be enforcing officers for the provisions of this section. (5/5/97).
Section 18. Every officer of the town, whether elected or appointed, shall be required to transmit to the Town Treasurer a list, description and payment of all fees received by any such officer by virtue of his office. The listing, description and payment of such fees shall be transmitted to the Town Treasurer within thirty days of receipt of any such fee by any such officer.
Section 19. There shall be a Personnel Review Board which shall consist of the Selectmen, and which shall be empowered to adjust grievances of all employees of the town, other than those appointed by the School Committee, in accordance with the subject to the limitations expressed in Section 21B, Chapter 40 of the General Laws of Massachusetts.
Section 20. The Director of Veterans’ Services shall be an ex-officio member of all committees concerned with the proper commemoration of the services of Swampscott Veterans of all wars.
Section 21. Every person to be employed by the town in a position included in the Retirement system shall first pass a physical examination before becoming an employee. Such examination shall be to the extent required by the Retirement Board and shall be made by a physician designated by said Board, and the cost of the same shall be paid by the town from the same source from which the compensation of the employees is payable, provided, however, that this shall not apply to persons hired for emergency or temporary purposes.
Section 22. No real property or interest therein, held in the name of the Town, shall be rented, conveyed, abandoned or otherwise disposed of unless authorized by a two-thirds vote of the Town Meeting. The vote shall authorize the Chief Procurement Officer or his designee, pursuant to the provisions of this section of the General By-Laws, and in accordance with the provisions of Massachusetts General Law Chapter 30B, known as the Uniform Procurement Act, to rent, convey, abandon or otherwise dispose of the subject real property or interest therein pursuant to the terms, conditions and requirements, including the minimum amount to be paid, as established and authorized by Town Meeting.
Prior to renting, conveying, abandoning or otherwise disposing of the real property or interest therein as authorized by Town Meeting, the chief Procurement Officer, or his designees, shall solicit proposals. The Chief Procurement Officer, or his designee, shall place an advertisement inviting submission of proposals in a local newspaper. The advertisement shall be published at least once a week for two consecutive weeks. The last publication shall occur at least eight (8) days preceding the day for opening proposals. The advertisement shall specify the geographical area as described in the related Town Meeting Warrant Article, the authorized terms and requirements of the proposed transaction, and the time and place for the submission of proposals. In addition, the Chief Procurement
Officer, or his designee, shall send the advertisement to all abutters no less than fourteen (14) days preceding the opening of proposals. The Chief Procurement Officer, or his designee, shall post the advertisement on the Town Hall bulletin board for a period of no less than fourteen (14) days immediately preceding the opening of proposals.
Each proposal shall include a certified check or cashiers check made payable to the Town of Swampscott in an amount equal to five percent (5%) of the proposal.
No warrant article which proposes the conveyance, lease, abandonment or other disposition or real property or interest therein, held in the name of the Town, shall be presented to the Town Meeting for a vote authorizing such conveyance, lease, abandonment, or other disposition unless, upon the request of the article's sponsor, the Trustees established in paragraph (f), hold a public hearing, no less than fourteen (14) days after notifying the abutters of the date, time and place of the hearing, to discuss the current and future uses and restrictions of the real property or interest therein which is the subject of the proposed article.
The proposed article and related notifications shall specify the location of such real property, or interest therein, by plate and lot, lot size, nearest street location, and the town assessed value. Then, no less than thirty (30) days before such article is submitted for publication in the warrant, a copy of the article, with a plan depicting the land or easement, shall be submitted to the Board of Selectmen, Board of Public Works, School Committee, Conservation Commission, Planning Board, Zoning Board of Appeals, Finance Committee, Recreation Commission, Housing Authority, Board of Library Trustees, Historical Commission, Police Chief, Fire Chief, Building Inspector, and, upon request, any other town board, committee, commission or officer. The aforementioned boards, committees, commissions, or officers shall, within
thirty (30) days after receipt of such proposed article, consider the article and take action relative to recommending or otherwise, the proposed conveyance, lease, abandonment or other disposition and report in writing to the article's sponsor the action taken. Such reports shall be read to the Town Meeting at the time the article is considered. If no recommendation is made by a particular board, committee, commission or officer it shall be so reported.
The proceeds received from the conveyance, lease, abandonment or other disposition of real property, or interest therein, to be held in the name of the Town, shall be kept in a fund hereby established, to be used for the acquisition of real property, or interests therein, held in the name of the Town. The fund shall be overseen by a committee of five (5) trustees appointed by the Moderator to serve a term of three (3) years each, so arranged that the term of as nearly an equal number of members as is possible shall expire each other. The monies shall be in the custody of and invested by the Treasurer in a manner consistent with the purpose of the fund.
g. Up to seventy-five (75%) percent of the fund may be loaned to the Town for capital improvements authorized by town meeting, as recommended by a Capital Improvement Committee. Each loan shall be amortized over a period of no greater than five (5) years to be paid in equal annual installments. The Town shall pay annual interest on the outstanding unpaid principal at a rate which shall be adjusted yearly and shall be one (1%) percent below the borrowing rate available to the Town on the anniversary of the loan. All loans shall be repaid on demand of the town meeting so that the monies of the fund may be used for the acquisition of real property or interests therein to be held in the name of the Town as authorized by Town Meeting. (Adopted 5/91).
Section 23. Department Heads Committee: The superintendent, chief administrative officer, or designee of the following departments: The Health Department, the Board of Selectmen, the Building Department, the Fire Department, the Police Department, the Public Library, the School Department, Department of Public Works, the Board of Assessors, the Election Commission Office, the Clerk's Office, the Treasurer's Office, and Accounting Office, shall constitute a Department Heads Committee for the Town. In addition, any other Town Department, Office or Division may designate or appoint a representative to the Committee. The Committee shall appoint one of the members of the Committee to be Chairperson for a term of six (6) months and, from time to time, remove and replace that person and appoint
someone to act in that person's place during any absence. It shall be the Chairpersons’ duty to call and preside at the meeting of the Committee and the Committee shall file a written report to be included in the Town Report upon the activities, accomplishments, and proposals of the Committee. The Committee shall, from time to time elect or designate a Secretary who shall keep minutes of the meetings and give notice of all regular and special meetings. The committee may from time to time appoint subcommittees from its members for purposes it deems appropriate in keeping with the provisions of this By-Law, however, said committee shall not be designated as standing committee and shall cease to exist once their report is submitted and accepted by the Committee. The Committee shall meet as often as it shall deem appropriate; however, it shall meet at least once a month at a time and place designated by the Chairperson. It shall be the duty of the Committee:
To coordinate the work of the several Town Departments for the purpose of obtaining the most efficient use of equipment and manpower subject to the terms of any applicable Collective Bargaining Agreements;
To devise uniform record-keeping forms and procedures for the various departments;
To coordinate efforts of the various departments for the common good of the Town and its citizens in order to avoid inefficiencies and duplication of services;
To devise and implement so far as possible, uniform personnel policies and procedures in all departments subject to any applicable Collective Bargaining Agreements;
To take such steps as may be possible to bring about the pooling, housing, maintenance, and repair of all Town vehicles and equipment;
To review and implement communication procedures to the end that citizens needs and requests shall be made known to the appropriate departments and attended to promptly;
To continuously explore opportunities for joint purchasing and central purchasing among all Town Departments;
To coordinate any requests for capital equipment appropriations and purchases, and to develop joint man power forecasts for planning and budgeting purposes;
To make recommendations to appropriate Town Officials respecting the combining or elimination of department to transfer functions from one department to another, or other modifications of the structure of the Town Government which may lead to greater efficiency or economy in the carrying out of the Town's business;
To use the committee as a forum for addressing disputes and problems which may arise between and among the various town departments in order to provide greater harmony and efficiency;
To develop suggestions and procedures for review by the appropriate Town Bargaining Units concerning issues of Collective Bargaining to be conveyed to the appropriate Bargaining Unit, where applicable, and not in violation of any Federal or State law or present Collective Bargaining Agreement. The Committee may submit suggestions and questions in writing to the Bargaining Agent of the Town and may request the presence of the Bargaining Agent at its meetings; however, the Bargaining Agent shall not be required to appear at more than two (2) meetings per twelve (12) month period unless ordered by the Selectmen, but under no circumstances, more than four (4) meetings per twelve (12) month periods; and
To devise and develop programs and recommendations for development of the Department Head's administrative skills and educational enhancements in an effort to improve the overall quality of departmental management and the professional development of the Department Heads and their administrative staff.
A notice shall be posted on the Town Bulletin Board and said written Notice delivered to the appropriate Department if any Department head or Department representative shall not participate in, or miss, three (3) or more consecutive meetings, or more than fifty percent (50%) of the Committee Meetings within a twelve (12) month period, and such notification shall be placed in that person's personnel file. Said personnel shall be subject to appropriate disciplinary procedures in keeping with any applicable statues, bylaws, personnel policies, collective bargaining agreements, governmental guidelines and employment procedures.
NOTE: The last paragraph of Section 23 does not apply to elected officials of the town per the Attorney General. (Adopted 5/91).
Section 24. Capital Improvements Committee.
Section 1. The Town Moderator shall establish and appoint a committee to be known as the Capital Improvement Committee, composed of five (5) voters who are residents of the Town for a term of three (3) years each, the terms of no more than two (2) of which shall expire in any one year. The Town Moderator may also appoint the Town Manager, or a person holding a similar position and/or one other ex-officio non-voting member to the Committee.
On or before the first day of June in each year the Moderator shall appoint to the Committee one (1) or two (2) members (as the case may be) to serve until the final adjournment of the Annual Town Meeting in the third year thereafter, and until his/her successor is appointed, who shall serve for the unexpired tem of his/her predecessor. If any member of the Committee ceases to be a resident and/or voter of the Town, he/she shall forthwith cease to be a member of the Committee. The Committee shall choose its own officers.
Section 2. The Committee shall study articles for proposed capital projects and improvements involving major non-recurring tangible assets and projects which 1) are purchased or undertaken at intervals of not less than three (3) years; 2) have a useful life of at least three (3) years and 3) cost over $20,000. All officers, boards, departments, and committees, including the Selectmen and School Committee shall, by December 31 of each year, give to the Committee, on forms prepared by it, information concerning all anticipated projects requiring Town Meeting action during the ensuing six (6) years including all capital improvement article requests for the Annual Town Meeting. The Committee shall consider the relative need, impact, timing and cost of these
expenditures and the effect each will have on the financial position of the Town. No appropriation shall be voted for a capital improvement requested by a department, board or commission, unless the proposed capital improvement has been submitted to the Committee for consideration. The Committee shall report its findings to the Finance Committee as part of the Finance Committee's budget deliberations.
Section 3. The Committee shall prepare an annual report recommending a Capital Improvement budget for the next fiscal year, and a Capital Improvement Program including recommended capital improvements for the following five fiscal years. The report shall be submitted to the Town Meeting for its consideration and approval. The Board shall submit its approved Capital Budget to the Annual Town Meeting for adoption by the Town, or take any action relative thereto. (Adopted 5/92).
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