USA > Massachusetts > Norfolk County > Quincy > Inaugural address of the mayor, with the annual report of the officers of the city of Quincy for the year 1889 > Part 13
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SEC. 21. The city council shall not authorize or appro- priate money for the erection of a city hall, or for the purchase or lease of land for a location thereof, until such erection has been approved by the qualified voters of the city, voting in their respective precincts, at an annual munici- pal election. The form of such approval shall be prescribed by the council.
SEC. 22. The city council may establish a fire department for said city, to consist of a chief engineer, one assistant engineer from each ward and such other officers and men as it may prescribe ; and it may make regulations for the govern- ment of the department.
SEC. 23. The city council may, by the affirmative vote of two-thirds of all its members, establish by ordinance a police department, to consist of a chief of police and such
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other officers and men as it may prescribe ; and may make regulations for the government of the department.
SEC. 24. At any meeting of the city council it shall be in order for any member thereof to give written notice, seconded in writing by a majority at least of all the members of the council, of his intention to move at the next meeting thereof, occurring within not less than ten days, a resolution that the mayor be removed for official misconduct or neglect of duty. Such notice shall specify as particularly as possible the acts of misconduct or the instances of neglect of duty complained of, shall be entered at large by the clerk in the minutes of the council, and the clerk shall, within two days, serve a copy thereof upon the mayor, and mail a copy to each of the members of the council at his residence. At such next meeting of the council the mayor shall have the right to speak in his own defence and to be heard by counsel. The vote on the resolution shall be by roll-call. If the resolution fails to receive the affirmative votes of three-fourths of all the mem- bers of the council, it shall have no effect ; and, shall not be re-introduced during that meeting of the council. If it receive the affirmative vote of three-fourths of all the members of the council, it shall, upon the service of a copy thereof upon the mayor, personally, or by leaving the same at his last or usual place of residence, take effect, and the office of mayor shall thereupon become vacant. The council shall thereupon order a warrant for a new election for mayor to be issued, and such further proceedings shall be had as are pro- vided in section five hereof for the case of a failure to elect a mayor.
SEC. 25. No member of the city council shall, during the term for which he is elected, hold any other office in or under the city government, have the expenditure of any money appropriated by the council, or act as counsel in any matter before the council or any committees thereof; and no person
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shall be eligible for appointment to any municipal office estab- lished by the council during any municipal year within which he was councilman until the expiration of the succeeding municipal year.
TITLE IV.
EXECUTIVE DEPARTMENT.
SEC. 26. The executive powers of the city shall be vested solely in the mayor and may be exercised by him either personally or through the several officers and boards of the city in their departments under his general supervision and control. In case of a vacancy in any office to which appoint- ment is made by the mayor he may personally perform the duties thereof but he shall not be entitled to receive any sal- ary or pay attached thereto. The mayor shall hold office for the municipal year beginning with the first Monday in January following his election, unless sooner removed, and until his successor is elected and qualified.
SEC. 27. The mayor shall have the sole power of ap- pointment to all the municipal offices established by or under this act, unless herein otherwise provided ; and he may remove from office by written order any officer so appointed hereun- der for any cause which he shall in his official discretion deem sufficient, which cause he shall assign in his order of removal. Such office shall become and be vacant upon the filing with the city clerk of such order of removal, and a service of a copy thereof upon the officer so removed, either personally or by leaving the same at his last or usual place of residence. The city clerk shall keep such order of removal on file where it shall be open to public inspection.
SEC. 28. The salary of the mayor shall be one thousand dollars a year for the period of the first ten municipal years, and thereafter shall be one thousand dollars a year and such
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additional sum as the city council may establish by ordinance passed by vote of two-thirds of all its members, such ordi- nance not to take effect however until the year succeeding that in which it is passed.
SEC. 29. Until a department of police shall be estab- lished in accordance with the provisions of this act, the mayor shall have the appointment, control and direction of the police force of the city.
SEC. 30. Whenever by reason of sickness or absence from the city or other cause the mayor shall be disabled from performing the duties of his office, he may designate by a writing filed in the office of the city clerk, either the city treasurer, the commissioner of public works, the city clerk, or the city solicitor to act as mayor, or, in case of the failure of the mayor to make such designation, the first named of the above mentioned officers then performing the duties of his office shall act as mayor. Such officer shall during the continuance of such disability, have all the rights and powers of mayor except that he shall not when so acting have the power of re- moval unless thereto in any instance authorized by vote of the city council, nor any power of appointment unless such dis- ability of the mayor has continued for a period of thirty days, nor power to approve or disapprove any ordinance, order, res- olution or vote until within twenty-four hours of the time when it would take effect without the approval of the mayor. In case such disability of the mayor continues for a period ex- ceeding thirty days, the city council may, at 'any time after the expiration of that period declare a vacancy to exist in the office of mayor.
SEC. 31. Whenever there shall be a vacancy in the office of mayor, the president of the city council shall act as mayor and possess all the rights and powers of mayor during such vacancy, except that when so acting as mayor he shall not have the power of appointment or removal unless thereto in any instance authorized by vote of the council.
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TITLE V.
SCHOOL DEPARTMENT.
SEC. 32. The management and control of the schools of said city shall be vested solely in a school committee, consist- ing of members at large and members from wards, who shall serve without pay and shall be elected from the inhabitants of the city as follows : At the first municipal election held under this act three members at large of the school committee shall be elected by the qualified voters of the entire city, one to serve for the term of three years, one for the term of two years and one for the term of one year, beginning with the first Monday in January then next ensuing, and thereafter one member at large of said school committee shall be elected in like manner at each annual municipal election, to serve for the term of three years, beginning with the first Monday in January next ensuing, in place of the member at large whose term then expires. At said first election six members from wards of said school committee shall be elected by the quali- fied voters in the several wards respectively, one such member being elected in each ward, two of such members to serve for terms of three years, two for terms of two years, and two for terms of one year, beginning with the first Monday in January next ensuing. The selectmen of the town of Quincy directly after the acceptance of this act shall determine by lot which wards of said city shall elect members as aforesaid for three years, two years, and one year, respectively, and shall give public notice of their determination seven days at least before said first election. At each subsequent annual municipal election the qualified voters in each ward which has elected a member from wards of the school committee, whose term of office then expires, shall elect in his place a member of said committee to serve for the team of three years as aforesaid. If in any year there shall be a new division of said city into
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wards, the terms of office of all of the members of the school committee from wards shall expire at the end of the municipal year in which such division is made; and at the municipal election occurring in such year one member from wards shall be elected by the qualified voters in each new ward, and the council shall by lot make such arrangement of the terms of the respective members from wards of said committee that the terms of one-third of such members, as near as may be, shall expire each year. The school committee shall at its first meeting in each municipal year, or as soon thereafter as may be, chose a chairman from among its members by ballot, and the votes of a majority of all the members of the board shall be required in order to elect. The school committee may at any time by vote of a majority of all its members remove such chairman ard elect another in his place.
SEC. 33. The school committee shall, on the first Monday in January, or as soon thereafter as may be, choose, by vote of a majority of its members, but not from their number, a super- intendent of schools, who shall be under its direction and con- trol. Such superintendent shall hold office until the first Mon- day in January next ensuing, unless sooner removed, and until his successor is chosen and qualified; and he may be removed at any time by the school committee by vote of a majority of its members. The school committee shall in case of a vacancy in their numbers forthwith notify the city coun- cil, and the council shall call a joint convention of the members thereof and of the school committee, and at such convention the vacancy shall, by vote of a majority of all the members of the two bodies, be filled until the end of the municipal year in which the warrant for the next ensuing municipal election is issued, and at such election the vacancy shall be filled for the remainder, if any, of the unexpired term in the same manner as the member whose office is vacant was elected.
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TITLE VI.
ADMINISTRATIVE OFFICERS.
SEC. 34. There shall be the following administrative officers, who shall perform the duties by law and herein pre- scribed for them respectively, and such further duties not in- consistent with the nature of their respective offices as the city council may prescribe :
I. A commissioner of public works, who shall have cognizance, direction and control-
a. Of the performance of all contracts entered into by the city with any water company, of the observance by every water company having pipes within the city, of all the laws of the Commonwealth and ordinances of the city, and of all structures, machinery, pipes and other property owned or leased by the city connected with the supply and distribution of water ;
b. Of the construction, alteration, repair, care and light- ing of streets, ways and sidewalks ;
c. Of the construction, alteration, repair and care of pub- lic buildings ; except that the care of all school buildings shall remain under the control of the school committee, and the care of the Thomas Crane Public Library under the control of the board of trustees of said library ;
d. Of the construction, alteration, repair and care of public sewers and drains ;
e. Of the digging, construction and care of wells for the city ;
f. Of the construction, alteration, repair, care and main- tenance of public bridges.
No person or corporation authorized by the city council to dig up any public street or sidewalk in said city shall begin such digging before furnishing to such commissioner security, satisfactory to him, to restore such street or sidewalk to its former condition.
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The said commissioner shall, in general, except as in sec- tion fifteen of this act otherwise provided, have exclusively, the powers and be subject to the duties, liabilities and penalties which may by law, be given to or imposed upon road commis- sioners of towns.
II. A city treasurer, who shall receive, have the custody of and pay out all moneys, and cause an accurate account of the same to be kept in proper bookkeeping form, or in such form as the city council may prescribe. He shall make to the council, annually or oftener, at such time or times in each year as it shall prescribe, a full and detailed statement of the re- ceipts and expenditures of the city during such portion of the financial year as it may direct, and of the cash balance or sur- plus ; and in every such statement the different sources of the city revenue and the amount received from each, the several appropriations made, the objects for which the same were made, and the amount of money expended under each, the moneys borrowed on the credit of the city, the authority under which each loan was made, and the terms on which the same was ob- tained, shall be clearly and particularly specified.
III. A city clerk.
IV. A collector of taxes ; and the offices of collector of taxes and of city treasurer may be held by the same person.
V. A city solicitor, who shall have charge and control of the legal business of the city, shall attend to such matters as may be referred to him by the mayor, and shall act as corpora- tion counsel when called upon for a legal opinion by the city council, the mayor, or any municipal officer established by this act.
VI. A chief of police, when a police department is es- tablished as herein provided.
VII. A chief engineer of the fire department, when a fire department is established as herein provided.
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VIII. An overseer of the poor, who shall exercise the powers and be subject to the duties prescribed for boards of overseers of the poor by the laws of the Commonwealth.
IX. A principal assessor, and as many assistant assessors as there are wards in the city, who shall together constitute the board of assessors. The principle assessor shall be ex officio chairman of the board. One assistant assessor shall be as- signed by the board to each ward of the city. The city coun- cil may, by the affirmative vote of two-thirds of all its members, authorize the appointment of second assistant asses- sors, who shall be appointed by the principle assessor ; they shall be equally apportioned among the wards of the city, shall be assigned to the wards of which they are respectively resi- dent, and shall assist in assessing only the persons and prop- erty therein.
X. A board of park commissioners, consisting of three persons, who shall exercise the powers and be subject to the duties given to or imposed upon the board of park commis- sioners of the town of Quincy, by Chapter seventy of the acts of the year eighteen hundred and eighty-two, so far as not in- consistent with this act, and shall have general cognizance, direction and control of laying out and caring for the public parks of the city, and of all work in and upon the same.
XI. A board of health, consisting of five persons ; but in case the city council shall at any time provide for the payment of the members of said board, the number thereafter appointed shall be three.
XII. A board of license commissioners, if said city authorizes the granting of licenses for the sale of intoxicating liquors. Such board shall consist of the following officers, ex officio :- the mayor, who shall be the chairman of the board, the city treasurer and the chief of police, or, until a depart- ment of police is established, the city clerk.
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XIII. A board of trustees of the Thomas Crane Public. Library, consisting of six persons.
XIV. A board of managers of the Adams Academy, consisting of six persons.
XV. A board of managers of public burial places, con- sisting of six persons, who shall have general cognizance, di- rection and control of laying out and caring for public burial places, and of all work in or upon the same.
The above-named officers and boards shall be appointed on or before the first Monday of February, and shall hold their respective offices for the term of one year, beginning with the first Monday in February, unless sooner removed, and until their respective successors, or in the case of boards, until a majority of the members thereof are appointed and qualified. They shall be sworn to the faithful discharge of the duties of their respective offices.
The city council may by ordinance establish additional ad- ministrative offices, and define the duties of the incumbent thereof, and such offices shall be subject to the provisions of this act.
SEC. 35. Each of the above-named boards shall, at its first meeting on or after the first Monday of February in each year, or as soon thereafter as may be, choose by ballot a perma- nent chairman from among its members, unless otherwise above provided. No person shall be chosen permanent chairman unless he shall receive the votes of a majority of the members of the board, and he may be removed from such chairmanship by the same vote. Each of said boards shall, unless it has a clerk as hereinafter provided, choose a secretary from among its members, in the same manner as above prescribed for the choice of a chairman, and may remove him in the same manner. The city council may authorize any of said boards to choose a clerk in the manner above prescribed for the choice of a chair- man and secretary, and may provide for the payment of such clerk.
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SEC. 36. The auditor of accounts shall, on the first business day of every month audit all accounts in which the city is concerned as debtor or creditor, and shall report to the council as it shall direct. He shall have access at all times during business hours to all the books and vouchers of the city treasurer.
SEC. 37. The mayor, the chairman of the school com- mittee, the auditor, the comptroller, all of the administra- tive officers above named other than the members of boards, and the chairman of the above-named boards shall, ex officio, be entitled to seats with the city council. The mayor shall, when requested, and all the other officers above named, shall, unless excused, attend its meetings : and they shall, at the re- quest of the council, answer for their respective offices, com- mittees and boards at the meetings of the council. In case the chairman of a board is unable to be present at any such meeting, he may designate another member of the board to represent it at such meeting. The said officer shall be notified in like manner with the councilmen of all the meetings of the council. They shall have the right to speak upon all matters relating to their respective departments, but upon no other matters, and shall have no right to vote. They shall give such information as may be required by the members of the council, and answer such questions as may be asked by the members in relation to any matter, act or thing connected with their re- spective offices, or the discharge of the duties thereof ; pro- vided however, that any such officer may refuse to answer such question if notice thereof has not been given at least three days before the time of the meeting in a notice book to be provided for the purpose by the city clerk and kept in his office, unless the council shall vote that the question is of such urgency and of such nature that it should be answered without notice.
SEC. 38. The administrative officers and boards above named in this title, and all the administrative officers and
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boards hereafter established by the city council and not coming within the department of any officer or board so above named, shall have the power, except as herein otherwise provided, to appoint or employ and to remove or discharge all officers, clerks and employes, in their respective departments. Such appointments shall not be for any specified term, but shall hold good until removal or discharge. Orders of removal shall state the grounds therefor, and shall be entered upon the records of the officer or board making the same, and removals shall take effect upon the filing of a copy of such orders with the city clerk in a book provided for the purpose, and open to public inspection. The above named administrative officers and boards shall in their respective departments, make all necessary contracts for work, and for the furnishing of materials and supplies for the city, and for the construction, alteration, repair and care of all public works, institutions, buildings and other property ; and shall have, subject to the mayor, the direction and control of all the executive and administrative business of the city. They shall be at all times accountable to the mayor, as the chief executive officer, for the proper discharge of their duties.
SEC. 39. Every board and every officer above named, not a member of a board, shall keep a record of all official transactions, and such record shall be open to public inspection.
SEC. 40. The city council may require the auditor of accounts, the comptroller, the treasurer and such other officers as are entrusted with the receipt, care and disbursement of money, to give bonds with such security as it shall deem proper for the faithful discharge of their respective duties.
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TITLE VII.
GENERAL PROVISIONS.
SEC. 41. Every person elected or appointed to the office of auditor of accounts or comptroller, or to any administrative office named in the preceding title of this act, shall, within five days after notice of such election or appointment, except as herein otherwise provided, take and subscribe, before the mayor or city clerk, or a justice of the peace, an oath or affir- mation faithfully to perform the duties of his office, which oath or affirmation, or a certified copy thereof, shall be filed in the office of the city clerk.
SEC. 42. No person shall be eligible for election or ap- pointment to any office established by this act, unless at the time of such election or appointment he shall have been a cit- izen of the United States for at least one year, nor to any such office except the offices of commissioner of public works, superintendent of schools, chief of police and chief engineer of the fire department, unless at the time of such election or appointment he shall have been a resident of the city for at least one year. No person shall be eligible for election as a councilman from wards unless he shall have been a resident of the ward for which he is elected for at least three months pre- vious to his election.
SEC. 43. Any office established by or under this act shall become vacant if the incumbent thereof ceases to be a resi- dent of the city. The conviction of the incumbent of any such office of a crime punishable by imprisonment shall operate to create a vacancy in the office held by him.
*SEC. 44. The limit of indebtedness of the said city, exclusive of any indebtedness created for supplying the inhab- itants with water, shall be one per cent. of the average valu- ation of said city, as ascertained in accordance with chapter three hundred and twelve of the acts of the year eighteen hun-
*See amendment, page 29.
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dred and eighty-five, but otherwise the general laws relating to municipal indebtedness shall apply to said city. The financial year of the city shall begin at such time as the city council shall by ordinance prescribe.
SEC. 45. The administrative officers and boards above- named in title six shall, annually, on or before the first day of March, furnish to the Mayor an itemized and detailed estimate of the moneys required for their respective departments or offices during the ensuing financial year. The mayor and city treasurer shall examine such estimates, and shall submit the same to the city council on or before the first day of April, with their itemized and detailed recommendations thereon. No gross appropriation of money, and no item thereof, in excess of the recommendations of the mayor and city treasurer, in case they shall agree in such`recommendations, shall be passed by the council, except by the affirmative vote of two-thirds of the members present and voting, and in no case by vote of less than a majority of all the members of the council.
SEC. 46. Every officer and employe of the city, other than those mentioned in section thirty-seven of this act, shall at the request of the city council, appear before it and give such information as it may require in relation to any matter, act or thing connected with his office or employment or the discharge of the duties thereof.
SEC. 47. The city council shall establish by ordinance the regular salaries or remuneration of the offices established by this act, in case the same is not fixed herein, and of such other offices as may hereafter be established, and after the first municipal year no ordinance of the council changing any such salary or remuneration shall take effect until the municipal year succeeding that in which the ordinance is passed.
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