Suggestion
The following are from the Municipal Code of Methuen.
Check for yourself.
Article I. General
Sec. 3-1. Definitions
Sec. 3-2. Chief Administrator(A) Chief Executive (1) Duties (2) Powers
Sec. 3-2A. Temporary Absence of Mayor
Article II. Departments
Sec. 3-3. Departmental organization
Sec. 3-4. Oaths of office
Sec. 3-5. Administrative policy and procedures
Sec. 3-6. Reserved
Sec. 3-7. Department of Treasury and Tax Collection
Sec. 3-8. Reserved
Sec. 3-9. Department of Public Works
Sec. 3-9A. Repealed (see Appendix V – Initiative Petition)
Sec. 3-10. Department of Records
Sec. 3-11. Community Development Department
Sec. 3-12. Department of Assessment
Sec. 3-13. Fire Department
Sec. 3-14. Reserved
Sec. 3-15. Police Department
Sec. 3-16. Joint Human Resources Department – (JHR)
Article III. Boards, Commissions and Officers
Sec. 3-16. Civil Defense Director
Sec. 3-17. Conservation Commission
Sec. 3-18. Constables
Sec. 3-19. Contributory Retirement Board
Sec. 3-20. Animal Control Officer
Sec. 3-21. Board of Health
Sec. 3-22. Historical Commission
Sec. 3-22A. Historic District Study Commission
Sec. 3-23. Licensing Board
Sec. 3-24. Registrars of Voters
Sec. 3-25. Commissioners of Trust Funds
Sec. 3-26. Youth Commission
Sec. 3-27. Housing Authority
Sec. 3-28. Veterans’ Services Director
Sec. 3-29. Methuen Cultural Council
Sec. 3-30. Council on Aging
Sec. 3-31. Disability Commission
Sec. 3-32. Tourism Committee
Sec. 3-40. Board of Library Commissioners
Sec. 3-50. Residency Requirements
Sec. 3-60. Boards and Commissions Cost Reimbursement
Sec. 3-70. Public Advertisement for Boards and Commissions
Sec. 3-80. Establishing Ten Year Limit on Terms of Office for Members of Boards and Commissions
Sec. 3-90. Travel and Participation in Training Sessions Where Private Entities Provide Financing
Please note that the section of the Municipal Code referenced above has TWO section 3-16.
Article II. Departments
Sec. 3-16. Joint Human Resources Department – (JHR)
and
Article III. Boards, Commissions and Officers
3-16. Civil Defense Director
All sections in Article III. Boards, Commissions and Officers are misnumbered by 1.
I noted this when I read the ordinance that is being proposed by the Ad Hoc Consolidation Committee to give a job to the current Chief of Staff. That job is called the City Director of Human Resources / Assistant City Solicitor.
So far the legislation has been to copy the Order from 2007 and add wording to create the said position.
They recommend adding the following two sections to the current Sec. 3-16 Joint Human Resources Department – (JHR).
19) Under the direction of the City Solicitor, this person assists the City Solicitor with any legal matters that are presented to the city or School department.
He/She shall represent the city in all proceedings before any court, administrative board or legislative committee. He/She will conduct civil lawsuits, draft legal documents, ordinances and resolutions and advise employees as to their legal rights.
20) He/She will be a member in good standing of the Massachusetts Bar and shall have experience in the field of municipal law.
I propose that this section not be tampered with.
If you add these two lines as written it will require both JHRD’s to be practicing attorneys.
Do not hire a NEW City HR Director.
Simply create the JHR office that was promised in 2007.
Proper staffing for both branches.
Create goals and measure the Director on achievement of those goals.
These sections will also be added by amending the existing code.
The poorly worded Order has the following as Section two.
The Department shall be managed by two Joint Human Resources Directors (JHRD), one whose primary purpose is to oversee the School Departement Humen Resource Department.
The City Joint Human Resources Director shall also serve as an Assistant City Solicitor and shall exercise such authority as is provided for in Chapter 3-Section 3 (b) and Section 5 of the Municipal Code as a full Department Head.
The CityJoint Human Resources Director/ Assistant City Solicitor shall be a member in good standing of the Massachusetts Bar and shall perform legal work for the City at the direction of the City Solicitor.
So the School Department JHRD is to oversee the School Departement Humen Resource Department, but the City side JHRD has no such responsibility for the City Human Resource Department, instead becoming a Department Head in the Solicitor office. I know that’s not what they meant but it is implied due to poor wording.
They added an (s) to the word Director in second (paragraph) line of the existing code.
Section four and five below tell the rest of the story.
Section four changes this line from;
The department shall in addition to the Director have such other employees as recommended by the executive. The salaries and benefits for these employees shall be set by the city council by ordinance. The costs for the position of the (JHRD) shall be born equally by the general government and the school system.
To:
The department shall in addition to the Director(s) have such other employees as recommended by the executive. The salaries and benefits for these employees shall be set by the city council by ordinance. The costs for the position(s) of the (JHRD) shall be born equally by the general government and the school system.
Section five changes this from;
The Director of the Joint Human Resources Department shall be appointed by the Mayor provided that the Mayor seeks and obtains the consent to such appointment from the Superintendent of Schools. The Director’s appointment shall also be subject to approval by the City Council. The Mayor shall be the appointing authority of the additional employees in the department subject to recommendation of the Director.
To;
The City Director shall be chosen by the Mayor, with the assent of the Superintendent of Schools.
The School Director shall be chosen by the Superintendent of Schools, with the assent of the Mayor.
The City Director appointment shall be subject to approval by the City Council.
The Mayor shall be the appointing authority of the additional employees in the department subject to recommendation of the Director(s).
So we no longer need consent but only a tacit assent to make the appointments.
My suggestion is;
Here is the current Section 2.24. Department of Law
A. The Department of Law shall consist of the City Solicitor who shall, in accordance with Chapter 182 of the Acts and Resolves of 1985, be appointed by the City Council. The City Council shall, on or before January fifteenth in odd numbered years, elect, by ballot or otherwise, a City Solicitor to hold office for a term of two years and until his/her successor is qualified. He/she shall enforce all laws and act to protect the interests of the City and he/she shall:
1. Advise Council
Advise the Council or its committees or any City officer, when thereto requested, upon all legal questions arising in the conduct of City business.
2. Prepare Ordinances
Prepare or revise ordinances when so requested by the Mayor, Council or any committee thereof.
3. Give Opinions
Give his/her opinion upon any legal matter or question submitted to him/her by the Council under rules adopted by said body or by any other City officer.
4. Prepare Legal Instruments
Prepare for execution all contracts and instruments to which the City is a party and shall approve, as to form, all bonds required to be submitted to the City.
5. Prosecute Offenders and Defend Officials
Prepare, when authorized by the Mayor, all charges and complaints against, and shall appear in the appropriate court in the prosecution of, every person charged with the violation of a City ordinance or of any regulation adopted under authority of the Charter, or with the Council of a misdemeanor as declared by the Charter or by virtue of its authority. In any prosecution for violation of any regulations adopted by any board or commission created under authority of the Charter, the City solicitor shall act under the directions of such board or commission, subject to such paramount control as is given to the Administrator of the Charter.
6. Settlement of Claims
Have the power to adjust, settle, compromise or submit to arbitration, any action, causes of action, accounts, debts, claims, demands, disputes, and matters of favor of or against the City of in which the City is concerned as debtor or creditor, now existing or which may hereafter arise, not involving or requiring payment to exceed $500.00; and with the permission of the Mayor, may do likewise in matters not involving or requiring payment to exceed $2,500.00; provided the money to settle claims generally has been appropriated and is available therefor.
7. Make Reports
a. Immediate report of decision. Immediately report the outcome of any litigation in which the City has an interest to the Mayor and the Council.
b. Annual report of pending litigation. Make an annual report, to the Mayor and Council, as of the first day of July of all pending litigation in which the City has an interest and the condition thereof.
8. Control Legal Services Incidental to Council Action
Have charge of all legal services auxiliary to Council action in connection with the appropriating of property to public use.
9. Keep Records
a. Suits.
Keep a complete record of all suits in which the City had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its condition, if pending, and the briefs of counsel.
b. Opinions and Titles.
Keep a complete record of all written opinions furnished by him/her and of all certificates or abstracts of titles furnished by him/her to the City or any department or official thereof.
10. Notwithstanding that a public employee (as defined in Chapter 258, Section 1, Massachusetts General Laws) shall not be liable for negligent or wrongful acts as described in Chapter 258, Section 2, if a cause of action is improperly commenced against a public employee of the City, alleging injury or loss of property or personal injury or death as the result of the negligent or wrongful act or omission of such employee, said employee may request representation by the City Solicitor. The City Solicitor shall defend the public employee, if authorized by the Mayor, with respect to the cause of action at no cost to the employee; provided, however, that the City Solicitor determines that the public employee was acting within the scope of his/her office or employment at the time of the alleged loss, injury, or death, and further, that said public employee provides reasonable cooperation to the City and the City Solicitor in The defense of any action arising out of the same subject matter. If, however, in the opinion of the City Solicitor representation of the public employee under this section would result in a conflict of interest, the City Solicitor shall not be required to represent the public employee.
(1973 Ord., as amended by Ord #38, Revised; as amended by
Ord. #215, Adopted Dec. 2, 1985, as amended by Ord. #284,
Eff. April 20, 1988; as further amended by Chapter 145 of
the Acts and Resolves of 1996.)
Everything below this line I would propose to alleviate any workload problems in this office.
If more is required, then the Solicitor will have to present a workload and show that he is unable to carry out his duties due to the workload presented.
B. Assistant Solicitor
1.Office established.
There is established the office of assistant city solicitor.
The assistant city solicitor shall be elected by the city council upon recommendation of the city solicitor. Appointment of the assistant city solicitor shall be for a fixed term of two years and until his/her successor is qualified , which may be renewed or extended without limitation, pursuant to an employment contract which shall be entered into between the city and the assistant city solicitor at the time of appointment, and which shall also set the compensation to be paid to the assistant city solicitor, and such other specific terms and conditions of employment as may be recommended by the city solicitor and accepted by the mayor and the city council at the time of appointment.
2.Duties.
The assistant city solicitor shall be under the direction of the city solicitor and shall assist the city solicitor in the performance of the duties of the office and shall perform such other duties as may be assigned by the city solicitor.
The assistant city solicitor shall have the authority to represent the city in all proceedings before any court or other tribunal, when so requested and directed by the city solicitor.
In the absence of the city solicitor, the assistant city solicitor shall be responsible for the management and supervision of the office of the city solicitor.
3.Qualifications.
The assistant city solicitor shall be an able and experienced person learned in the law and an solicitor and counselor at law in the courts of the commonwealth.
In addition, said person shall be experienced in the area of municipal law.
C. Outside Legal Assistance.
The office of the city solicitor may also engage, by contract or otherwise, such clerical, legal, paralegal, and investigative personnel as may be provided for in the annual appropriations for said office.
D. Use of City employed personnel.
The office of the city solicitor may also engage, with the approval of the Mayor and City Council, properly qualified, per section B.3., personnel from other City Departments, as temporary Assistant solicitor for short term, specific assignment to alleviate workload congestion.
To me, this makes more sense. It keeps any conflict of interest between personnel who work for the Council and the Mayor, clearly defined. It allows for the Solicitor to contract to alleviate issues but requires clear responsibility to justify these actions to the City Council.