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  • Acts
  • 2000
  • Chapter 425 AN ACT RELATIVE TO THE ADMINISTRATIVE REORGANIZATION OF 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. Chapter 169 of the acts of 1881 is hereby amended by striking out section 11, as amended by section 2 of chapter 286 of the acts of 1958, and inserting in place thereof the following section:-

Section 11. Every ordinance, order, resolution or vote of the city council, except matters of license approval which are vested by law or ordinance in the city council, shall be presented to the mayor; election of officers shall not be presented to the mayor except election of assessors, city clerk, controller, solicitor and treasurer. If he approves thereof, he shall signify by signing the same; but if he does not approve thereof, he shall return the ordinance, order, resolution or vote, with his objections in writing, to the city council. The city council shall enter the objections of the mayor on its records and proceed to reconsider said ordinance, order, resolution or vote. If, after such reconsideration, two-thirds of the members, present and voting, agree to pass such ordinance, order, resolution or vote, it shall be in force; 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. In all cases the vote shall be determined by yeas and nays. If such ordinance, order, resolution or vote is not returned by the mayor within ten days after it has been presented to him, the same shall be in force.

SECTION 2. Section 2 of the special acts of 1917 is hereby amended by adding the following sentence:- The controller of accounts shall have all the power and duties imposed by law on purchasing agents and shall act as the chief procurement officer for the city.

SECTION 3. Chapter 387 of the acts of 1936 is hereby repealed.

SECTION 4. Chapter 384 of the acts of 1954 is hereby amended by striking out section 3, as most recently amended by section 2 of chapter 541 of the acts of 1983, and inserting in place thereof the following section:-

Section 3. There shall be within the department of public works, but subject to the control of the commission, a division of highways and a division of forestry and parks. Each such division shall assume such management and control as shall be determined by the commission.

SECTION 5. Said chapter 384 is hereby further amended by striking out section 4, as amended by section 3 of chapter 541 of the acts of 1983, and inserting in place thereof the following section:-

Section 4. The mayor, with the approval of the city council, shall, during the month of December, 1999, and every five years thereafter, appoint a director of public works whose term of office shall be five years from the first day of January next succeeding his appointment, or until his successor is appointed and qualified. The director shall appoint supervisors of the various divisions, who shall assume such duties and responsibilities as assigned by the director. The salaries of the director and supervisors shall be fixed by ordinance. The supervisors shall not be removed except for just cause and in accordance with the provisions of sections 41 to 45, inclusive, of chapter 31 of the General Laws. The city engineer shall be the head of the engineering department and shall assume such powers and duties as are vested in him by law or by ordinance. Upon the appointment of a city engineer under this act, all powers, duties, facilities, properties and appropriations for city waterworks and sewer now or from time to time vested by law or ordinance in public works commission shall vest in and be exercised by the city engineer; provided, that the public works commission shall set water and sewer rates and make determinations on applications for abatement of water and sewer bills.

SECTION 6. Chapter 312 of the acts of 1958 is hereby repealed.

SECTION 7. Chapter 541 of the acts of 1983 is hereby amended by striking out section 6.

SECTION 8. All persons now employed in the water division of the department of public works, shall, upon the effective date of this act, be transferred to the engineering department. All such transfers shall be made without change of rating, seniority, retirement or pension rights, or any other privileges inuring to them by law or by ordinance.

SECTION 9. The acceptance of section 8E of chapter 40 of the General Laws by the city of Malden is hereby rescinded.

SECTION 10. The powers and duties enumerated in section 8B of chapter 40 of the General Laws shall, in the city of Malden, be vested in and exercised by the director of human services.

SECTION 11. Notwithstanding the provision of any general or special law to the contrary, the personnel administrator shall certify to permanent civil service status any active employee who served in a civil service position in the city of Malden as a provisional or provisional promotion employee for a period of at least six months immediately prior to June 30, 2000.

SECTION 12. This act shall take effect upon its passage.

Approved January 12, 2001.