Title
Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) is hereby amended as noted in the body of said paper, effective upon the successful passage of a Home Rule Petition approving corresponding amendments to the City Charter.
Body
- Strike MCC 2.16.140 STADIUM AND ATHLETIC FIELD COMMISSION in its entirety and replace it with the following:
A. Established
There shall be a Parks & Recreation Commission consisting of 5 members, appointed by the Mayor to serve for a term of three years and subject to confirmation by the City Council.
B. Authorities and Responsibilities
1. The Parks & Recreation Commission manages all city parks, stadiums, playing fields and playgrounds, and determines the design and location of playing fields, athletic courts and playground equipment provided for use by residents.
2. The Parks & Recreation Commission establishes fees for permits for use of its parks, stadiums, and fields and promulgates regulations for the use of fields, parks, stadiums and other recreational facilities under its control.
3. The Commission coordinates with the Department of Public Works to provide for the maintenance of parks and playgrounds, the preparation of fields for scheduled activities and equipping of playgrounds.
4. The Commission advises the Recreation Coordinator on development of a comprehensive plan to make recreational activities, programs, events and facilities available to residents.
- Rename MCC 2.16.140 to PARKS AND RECREATION COMMISSION
- Strike MCC 2.12.100 DEPARTMENT OF PUBLIC WORKS in its entirety and replace it with the following:
A. Established
There shall be a Department of Public Works under the supervision of a Director of Public Works who shall be appointed to a term of three years by the Mayor, with City Council approval.
B. Authorities and Responsibilities
1. The Department provides for the routine maintenance and repair of roads, sidewalks, and drainage facilities.
2. The Department sweeps roads and public parking lots and removes snow and ice from roads and sidewalks abutting city owned properties.
3. The Department manages solid waste programs including trash disposal, recycling and yard waste, and the placement and maintenance of city owned trash barrels.
4. The Department maintains open spaces and unimproved lands owned by the city, equips and maintains playgrounds and, in conjunction with the Parks and Recreation Commission, provides for the maintenance, preparation and improvement of all city parks.
5. The Department plants and maintains trees, and ornamental shrubs along roadways and active and passive recreation areas.
- Strike MCC 2.12.110 ENGINEERING DEPARTMENT in its entirety and replace it with the following:
A. Established
There shall be an Engineering Department under the supervision of a City Engineer, who shall be appointed by the Mayor subject to confirmation by the City Council to serve for a term of three years.
B. Authorities and Responsibilities
1. The Department has custody of all plans relating to public works and improvements, including streets, water and sewer lines, bridges and drains.
2. The Department reviews plans and administers contracts for improvements to street, sidewalks and water and sewer mains.
3. The Department establishes rules and regulations for connection to municipal water, sewer and drainage systems and approves the location of connections.
4. The Department maintains hydrants, standpipes, street fountains and all other city-owned connections with the water system.
5. The Department provides for installation and maintenance of water meters, monitors the usage of metered water and provides monthly records of water usage to the Treasurer.
6. The Department provides technical and administrative support to the Conservation Commission and the Public Works Commission.
- Strike MCC 2.16.120 PUBLIC WORKS COMMISSION in its entirety and replace it with the following:
A. Established
There shall be a Public Works Commission consisting of three members, appointed by the Mayor, subject to confirmation by the City Council, to serve for a term of three years.
B. Authorities and Responsibilities
1. Establish water and sewer rates and hears and decides all applications for abatement of water and sewer charges.
2. Maintains public ways and sidewalks and promulgates rules and regulations for the same.
3. Works in concert with the Parks & Recreation Commission to plan for and provide for the maintenance of playgrounds.
4. Have charge for the lighting of streets and all appropriations therefor.
5. The Commission may accept or discontinue use of public ways and may assess betterments on abutters to improvements to any public or private way.
6. Fulfill the obligations and requirements of the Tree Board as established in section 11.16.010 of City Ordinances.
- Add 2.12.165 POLICE DEPARTMENT
A. Established
There shall be a Police Department, commanded by a Chief of Police, who shall be appointed for a term of three years by the Mayor. The Chief of Police shall enter into an employment contract with the City for a period not to exceed three years, subject to renewal at the Mayor’s discretion.
The Chief of Police shall be the chief executive officer of the Department and the departmental authority in all matters of management, policy, operations and discipline. He/she exercises all lawful powers of his/her office and issues such lawful orders as are necessary to assure the effective performance of the Department and shall have all other authorities and responsibilities provided by law to municipal Police Chiefs and as outlined in the Malden Police Department Accreditation manual.
The Chief of Police makes recommendations to the Mayor, who shall be the appointing authority, for hires and promotions of all departmental personnel in accordance with civil service guidelines, union contract or city ordinances.
There shall be a Police Commissioner who shall be appointed for a term of three years by the Mayor. The Police Commissioner shall serve in a civilian role and shall have none of the powers, access or authority vested in sworn Police Officers.
The Police Commissioner shall be the hearing officer and hear appeals to suspensions, demotions or removal of departmental personnel by the Police Chief and make a written report to the Mayor with a recommendation for action.
The Police Commissioner shall be a departmental liaison to the public in engaging the Malden public in the requirements of civil service and the process of becoming a Police Officer. The Police Commissioner shall bear witness to the swearing in of newly hired or newly promoted officers.
The Police Commissioner shall be the primary department liaison to the Police Community Advisory Committee and shall coordinate actions and updates with the Chief of Police on the same.
B. Authorities and Responsibilities
1. The Police Department is responsible for the protection of life and property, the preservation of peace, order and safety of residents.
2. The Department attempts to prevent crime and to detect and arrest offenders.
3. The Department investigates criminal incidents and is empowered to enforce laws and ordinances through arrest or prosecution of offenders.
4. The Chief of Police issues licenses and permits for firearms and makes recommendation to the Mayor on individuals to be appointed as constables and special police officers.
C. Supervision of Animal Control Officer
The Animal Control Officer is appointed by the Mayor and works under the supervision of the Chief of Police. The Animal Control Officer enforces laws and ordinances relative to the keeping, handling, management, and control and licensing of animals in the city.
- Add 2.12.115 FIRE DEPARTMENT
A. Established
There shall be a Fire Department, commanded by a Police Chief, who shall be appointed for a term of three years by the Mayor. The Fire Chief shall enter into an employment contract with the City for a period not to exceed three years, subject to renewal at the Mayor’s discretion.
The Fire Chief makes recommendations to the Mayor, who shall be the appointing authority, for hires and promotions of all departmental personnel in accordance with civil service guidelines, union contract or city ordinances.
The Fire Chief shall be responsible for all policy making, organization, supervision and management of the Fire Department and have all other authorities and responsibilities provided by law to municipal Fire Chiefs.
There shall be a Fire Commissioner who shall be appointed for a term of three years by the Mayor. The Fire Commissioner shall serve in a civilian role and shall have none of the powers, access or authority vested in sworn Firefighters.
The Fire Commissioner shall be the hearing officer and hear appeals to suspensions, demotions or removal of departmental personnel by the Fire Chief and make a written report to the Mayor with a recommendation for action.
The Fire Commissioner shall be a departmental liaison to the public in engaging the Malden public in the requirements of civil service and the process of becoming a Firefighter. The Fire Commissioner shall bear witness to the swearing in of newly hired or newly promoted officers.
B. Authorities and Responsibilities
1. The Fire Department takes all necessary steps to extinguish fires and mitigate incendiary conditions within the city, including the demolition of any building or structure and the removal of any obstruction for the purpose of preventing or extinguishing fires or incendiary conditions.
2. The Department functions as first responders to calls for medical aid and assists in the reestablishment of order in the event of civil disturbance, disaster or riot or other emergency.
3. The Department maintains a record of all fires that occur within the City requiring the services of the Department.
4. The Department carries out the terms and provisions of all fire service agreements entered into with other governmental units.
5. The Department investigates the causes of all fires and provides written reports of all suspected arson.
6. The Department includes a Fire Prevention Bureau, which inspects all buildings and structures as provided for by the State Fire Code and provides for the issuance and renewal of certificates of compliance with state Board of Fire Prevention regulations.
- Add 2.12.015 TRANSPORTATION COMMISSION
A. Established
There shall be a Transportation Commission consisting of seven members as follows: the Chief of Police, Director of Parking, the City Engineer, the Public Works Director, a Councillor At Large designated annually by the City Council President, and two residents appointed by the Mayor to serve for a term of three years. The Transportation Planner for the City of Malden shall be an advisory member of the Transportation Commission.
B. Authorities and Responsibilities
1. Promotes the safe and efficient use of public spaces dedicated to travel and parking through the establishment of policies and practices that encourage multiple modes of transportation and that take into account the varying needs of all users of public travel spaces in Malden.
2. Establishes rules and regulations for the movement, restriction of movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, municipal public parking places, ways, highways, roads and parkways, under the control of the city.
3. Upon the recommendation of the Parking Director, approves all fees related to parking meters, parking lots, and parking garages, as well as any permit programs administered by the Parking Department.
4. Approves traffic signs, signals, markings and other devices for the control of traffic in the city and for informing drivers of rules, regulations and prohibitions.
5. Prescribes penalties for the violations of all regulations properly adopted by the Commission.