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Be it Ordained that the Revised Ordinances of 1991 be amended to create a Parking Department and Office of Community Planning and Development
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Be it hereby ordained by the Malden City Council that the Revised Ordinances of 1991 as amended be and the same are hereby further amended as follows:
1. By striking out the third paragraph of Section 3.1 (which currently reads as follows:
The Mayor, with the approval of the City Council shall appoint the City Planner, who, under the direction of the Planning board, shall develop and maintain the city's master plan and make recommendations relating to land use management and disposition of land owned by the city. The City Planner shall have such other duties with respect to city planning as may from time to time be imposed by the Mayor and City Council.)
2. By striking out the words "the City Planner, the Municipal Hearing Officer" as appearing in the fourth paragraph of Section 3.1 (so that the paragraph will read as follows: "The Mayor, with the approval of the City Council, shall designate one of the aforementioned officers as Director of Permitting and Inspections for a term of three years, commencing July 1, 2012. The Director shall be charged with the administrative and executive oversight of the remaining officers and such administrative, clerical and assistant inspectional personnel as may be provided for by appropriation."
3. By striking out the Title of Section 3.1 and inserting in place thereof the following new title:
SECTION 3.1 ADMINISTRATIVE STRUCTURE OF THE DEPARTMENT OF PERMITTING AND INSPECTIONS
4. In Section 2.4,
Under the column labeled "Appointed by the Mayor", delete the following: Director of Inspectional Services"
Under the column labeled "Appointed by Mayor and Confirmed by the City Council", add the following: City Planner (open), Director of the Office of Community Planning and Economic Development (3 years), Director of Permitting and Inspections (3 years)
5. By adding a new Section 2.18 as follows:
SECTION 2.18 ADMINISTRATIVE STRUCTURE OF THE OFFICE OF COMMUNITY PLANNING AND ECONOMIC DEVELOPMENT
The Mayor, with the approval of the City Council shall appoint the City Planner, who, under the direction of the Planning board, shall develop and maintain the city's master plan and make recommendations relating to land use management and disposition of land owned by the city. The City Planner shall have such other duties with respect to city planning as may from time to time be imposed by the Mayor and City Council.
The Board of the Malden Redevelopment Authority shall appoint an Executive Director, who shall be vested with such powers and duties as it deems necessary and proper for the carrying out of any action determined upon by it, as authorized by Massachusetts General Laws. The Board shall, prior to final approval, annually submit to the Mayor and City Council for review a proposed operating budget for the fiscal year next ensuing.
The Director of the office of Community Planning and Economic Development shall appoint a Business Development Officer, who shall assist in strategic planning of business and economic development. The Business Development Officer shall develop and maintain partnerships with business leaders and serve as a single point of contact for the business community. The Business Development Officer shall, under the direction of the Director, manage such business-creation and business-expansion initiatives as are deemed by the Mayor and City Council to be in the best interests of the city and shall perform such other duties with respect to business and economic development as may from time to time be imposed by the Mayor.
Commencing July 1, 2014, the Mayor, with the approval of a two thirds majority of the City Council, shall appoint a Director of Community Planning and Economic Development for a term of three years; provided that the Executive Director of the Malden Redevelopment Authority, the City Planner or the Business Development Officer, may, in the Mayor's discretion, simultaneously hold the office of Director of Community Planning and Economic Development. The Director shall be charged with administrative and executive oversight of such officers and employees as may be provided for by appropriation.
The Office of Community Planning and Economic Development shall co-ordinate all municipal planning, economic development, conservation and historic preservation activities, and, together with the Malden Redevelopment Authority's staff and resources, shall administer and implement the city's overall planning and economic programs, goals and objectives. The Office shall provide administrative support and technical assistance to the Conservation Commission, Historic Commission and Zoning Board of Appeal.
4. By striking out Section 2.5 as it currently exists and inserting in place thereof the following:
SECTION 2.5 ONLY ONE OFFICE TO BE HELD BY INDIVIDUALS; EXCEPTIONS; PENALTY
No person shall hold more than one municipal office, except in the following cases:
1. where specifically provided for by charter or ordinance;and
2. where permitted under Massachusetts General Laws.
In addition to any penalties that may be imposed under Massachusetts General Laws Chapter 268A, violations of the provision of this ordinance shall be punished by forfeiture to the city of compensation for all offices during the time more than one office was held in violation of law.
5. By adding a new Section 10. 25 as follows:
SECTION 10.25 PARKING DEPARTMENT
The Mayor, with the approval of the City Council, shall appoint a Director of the Parking Department for a term of three years, commencing July 1, 2014. The Parking Director shall be charged with the administrative and executive oversight of the Parking Department.
The Parking Director shall, with the approval of the Police Commissioner, employ such parking enforcement officers as are provided for by appropriation. Said parking enforcement officers shall have concurrent jurisdiction with regular members of the Police Department over enforcement rules and regulations adopted by the Traffic Commission relative to parking on streets under their control.
The Parking Director may, in a manner not inconsistent with state law, arrange with an authorized officer of the Police Department for removal and storage of any vehicle parked on streets or parking facilities under the city's direction and control.
The Director shall provide, in a manner he deems appropriate, for the management of all parking facilities under the city's control; provided that any contract for services related to management of parking facilities shall be awarded in accordance with the provisions of Massachusetts General Laws Chapter 30B.
The Director shall provide for the installation and maintenance of parking meters in such locations as determined by the Traffic Commission, shall cause fees for use of metered spaces to be collected in such manner as he deems appropriate and shall cause violations to be issued for failure by motorists to pay the required fees.
The Director shall implement and manage Residential Sticker Parking Programs as adopted by the Traffic Commission and shall perform such additional duties as may from time to time be imposed by the Mayor and City Council.
6. For purposes of implementation of this ordinance, the following shall apply:
1. The Mayor may appoint a Director of Parking on the effective date of this ordinance, who shall serve from the date of appointment until July 1, 2014 and for the subsequent three years;
2. The transfer of an employee from one department to another under the provisions of this ordinance shall not affect any right or benefit accrued as of the effective date of this act.