SENATE DOCKET, NO. 2044        FILED ON: 7/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1990

The Commonwealth of Massachusetts

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PRESENTED BY:

Katherine M. Clark

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the administrative organization of financial officers in the city of Malden.

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PETITION OF:

SENATE DOCKET, NO. 2044        FILED ON: 7/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1990

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to the administrative organization of financial officers in the city of Malden.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

          Section 1. Section 10 of Chapter 169 of the Acts of 1881 is hereby amended by striking out the first five sentences and inserting in place thereof the following:

?The Mayor shall be the chief executive officer of the city. He shall be active and vigilant in causing

the laws and regulations of the city to be enforced and keep a general supervision over the conduct and

performance of duties of all officers. He may, whenever in his opinion the public good requires,

remove, with the consent of the appointing power, any officer over whose appointment he has, in

accordance with the provisions of this charter, exercised the power of nomination. He may call special

meetings of the City Council to be convened when in his opinion the interests of the city require it, by

causing notices to be left at the usual place of residence of each member of the City Council. He shall

from time to time communicate to the City Council such information and recommend such measures as

the business and interests of the city may in his opinion require, including recommending, in compliance

with applicable general laws and regulations, discipline or dismissal for cause of any officer appointed

by the City Council.?

          Section 2. Section 2 of Chapter 188 of the Acts of 1953, as it amends Chapter 180 of the Acts of 1917, is hereby further amended by striking out said section 2 and inserting in place thereof the following:

?Commencing in January of 2015 and every three years thereafter, the City Council shall choose by

majority vote a Controller of Accounts, who shall hold office for the three years next ensuing and until a

successor is appointed and qualified; provided that he may be removed at any time by the City Council

for sufficient cause. Any vacancy occurring in such office may be filled at any time by majority vote of

the City Council. The compensation of the Controller of Accounts shall be fixed by ordinance.?

          Section 3. Chapter 446 of the Acts of 1950 is hereby amended by striking out Section 1 of said act and inserting in place thereof the following: ?Upon passage of this act, the City Council may, as soon as practicable, choose by majority vote a Treasurer, who shall serve until December 31, 2011, unless sooner removed for cause. Commencing in January of 2012 and every three years thereafter, the City Council shall choose by majority vote a

Treasurer who shall serve for the three years next ensuing and until a successor is appointed and

qualified; provided that he may be removed by the City Council at any time for sufficient cause. Any

vacancy occurring in such office may be filled at any time by majority vote of the City Council. The

compensation of the Treasurer shall be fixed by ordinance.

The Treasurer shall have all the powers and duties imposed by law and ordinance on municipal

treasurers and collectors of taxes and shall serve as Chief Financial Officer for the city.

As Chief Financial Officer, his duties shall include administering, coordinating and supervising all

financial services, activities and officers, and assisting in all matters relating to municipal financial

affairs. He shall, under the direction of the Mayor, prepare the annual appropriation order for

consideration by the City Council and, under the direction of the Mayor and City Council, develop and

implement a long range capital plan. He shall make recommendations to the Mayor and City Council

for enhancing revenue and revenue collections and shall perform such other duties as prescribed by the

Mayor and City Council.

          Section 4. Section 11 of Chapter 169 of the Acts of 1881, as most recently amended by Chapter 425 of the Acts of 2000, is hereby further amended by striking out the phrase: ?...provided that, when reconsidering the

election of an assessor, city clerk, controller, solicitor or treasurer, the election shall stand if agreed to

by a majority of the members present and voting? and inserting in place thereof: ?......provided that,

when reconsidering the election of an assessor, city clerk, controller, solicitor or treasurer, the election

shall stand if agreed to by a two thirds of the members present and voting.?

          Section 5. The present Controller of Accounts shall hold office until December 31, 2014, unless sooner removed for cause.

          Section 6. This act shall take effect upon passage.