City of Chelsea, MA - Administrative Code as of January 1 2000

This Administrative Code is promulgated pursuant to Section 6_1 of the Charter of the City of Chelsea. Section 6_1 authorizes the city manager under the administrative code to organize or reorganize city departments or agencies and to prescribe the functions and administrative procedures to be followed by all such agencies. Further, Section 2(b) of Chapter 103 of the Acts of 1994, which established the Citys Charter, directed the Receiver for the City of Chelsea to promulgate the administrative code, providing for the organization of city government into operating agencies in accordance with…section 6_1, of the charter. This administrative code, promulgated by the Receiver, pursuant that mandate, will remain in effect, unless modified or amended by the Receiver under Chapter 200 of the Acts of 1991 (the receivership legislation), or by the city manager upon taking office.

The administrative code of the City of Chelsea provides for the internal organization and administration of the Chelsea city government. The intention and purpose of this code is to establish a legal, practical, and efficient plan of organization and administrative procedures, which allows for and encourages the effective delivery of municipal services to the residents of Chelsea. The duties and functions of the departments and agencies described herein are to be read broadly, and serve to illustrate, but not to circumscribe, the duties and responsibilities of the departments and agencies of the city under the charter, ordinances, and general laws of the Commonwealth. The administrative code is to be applied harmoniously and in concert with the applicable requirements of the charter, ordinances and the general laws, recognizing the broad authority given to the city manager to allocate, reallocate, or prescribe the functions city agencies under Section 6_1 of the charter.

The administrative code is composed of four parts, the purpose of which is to detail the various responsibilities, authorities, and methods of administering municipal agency services. The parts describe the elective organization which is based on charter provisions and cannot be changed administratively, the multiple_member appointive organization, the administrative organization, and the administrative procedures of the city. A brief description of each part follows:

Elective organization: This describes all elective officers of the city, their manner and time of election, term of office, authorities, responsibilities and interrelationship with the other sections of the organization. It is based largely upon the provisions of the charter and is provided as a section of this code for information purposes only and is not subject to the provisions of section 6_1 of the charter.

There shall be a city council composed of eleven members that shall exercise the legislative powers of the city. Three members, to be known as councillors_at_large, shall be nominated and elected by and from the voters at large. Eight members, to be known as district councillors, shall be nominated and elected by and from the voters of each district, one such district councillor to be elected from each of the eight council districts into which the city is divided. The city council shall exercise all of the legislative powers of the city.

Any voter shall be eligible to hold the office of councillor_at_large. A district councillor shall be a voter and resident of the district from which the councillor is elected. A councillor_at_large who shall remove from the city during the term for which such councillor_at_large was elected shall be deemed to have vacated the office of councillor_at_large and the office shall be considered vacant. A district councillor who shall remove from one district to another during the term of office for which such district councillor was elected shall be deemed to have vacated the office of district councillor and the office shall be considered vacant.

After the councilors_elect have taken the oath of office, the city council shall be called together by the city clerk for the purpose of conducting an election among city council members for the office of city council president and vice_president to serve at the pleasure of the city council. The president presides at all meetings of the city council, and performs such other functions as may be assigned by the charter, by ordinance or by vote of the city council. The vice_president performs the duties of the president during the presidents absence or disability.

Except as otherwise provided by law or by the charter, specifically section 1_4 Powers of the City, section 1_5 Interpretation of Powers, and section 2_3 General Powers and Duties; all powers of the City of Chelsea shall be vested in the city council that shall provide for their exercise and for the performance of all duties and obligation imposed on the city by law. No member of the city council, nor any committee of the city council shall be directly involved in the conduct of the administrative business of the city.

If a vacancy occurs in the office of city councillor, whether by failure to elect or otherwise, the remaining councillors shall, within thirty days following the date of such vacancy, act to fill said vacancy. The city council shall fill the vacancy for the reminder of the unexpired term by choosing the defeated candidate for said seat at the last regular city election, provided however, that the defeated candidate shall have received at least twenty percent of the total votes cast for that office. If there was no other candidate for said office or the defeated candidate shall not have received at least twenty percent of the total votes cast, the city council shall at their discretion choose an individual, who may be the defeated candidate, for among the voters entitled to vote for such office to serve for the remainder of the unexpired term. Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein provided, if a regular city elected is to be held within 120 days following the date the vacancy is declared to exist.

The school committee shall have all the powers and duties given to school committees by the laws of the commonwealth. The school committee shall have general charge of the public schools of the city. The school committee shall have the power to select and terminate a superintendent of schools, establish educational goals and policies for the schools consistent with the requirements of the laws of the commonwealth and standards established by the commonwealth.

If a vacancy occurs in the membership of the school committee either by failure to elect or otherwise, the president of the city council shall, within thirty days following the date such vacancy, call a joint meeting of the city council and the school committee to act to fill said vacancy. At any such joint meeting a majority of those present and voting shall choose to fill the vacancy for the remainder of the unexpired term by choosing the defeated candidate for said seat at the last regular city election, provided however, that the defeated candidate shall have received at least twenty percent of the total votes cast for that office. If the defeated candidate shall not have received at least twenty percent of the total votes cast, the city council and the school committee shall at their discretion choose an individual, who may be the defeated candidate, for among the voters to serve for the remainder of the unexpired term. Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein provided, if a regular city elected is to be held within 120 days following the date the vacancy is declared to exist.

City Council: The school committee and the city council shall meet prior to the commencement of the budget process to review the financial condition of the city, revenue and expenditure forecasts, and other relevant information. The school committee chairman and city council president preside over each joint meeting. The charter serves as the basis for establishing and maintaining this interrelationship.

This describes all multiple_member body appointments made by the city manager, and further delineates manner and time of appointment, terms of appointment generally, and authorities, responsibilities and interrelationships with the other agencies of the organization. City of Chelsea representatives to regional governmental boards and committees shall, unless the organic law establishing such a committee provides otherwise, be appointed by the city manager.

This part of the administrative code lists and describes all current multiple_member bodies of the city. The city manager may, by administrative order, reorganize, consolidate, create, merge, divide, or abolish multiple_member bodies of the city. Administrative orders establishing multiple_member bodies shall specify the following: membership, term of office, authorities and responsibilities, and interrelationships with both the city council and other agencies within the organization.

The city manager appoints all members of multiple_member bodies, provided however, that appointments made by the city manager shall become effective on the thirtieth day following the day on which notice of the proposed appointment is filed with the city council, unless the city council shall within such period by majority of the full city council vote to reject such appointment or has sooner voted to affirm it. All members of multiple_member bodies shall take the oath of office within four weeks of their appointment and must take the oath of office prior to entering upon the duties of their office. Oaths of office are given by the city clerk.

The terms of office of multiple_member bodies are arranged so that one_third of the terms, or as nearly that number as may be possible, shall expire each year. A vacancy shall be filled in the same manner of appointment for the remainder of the term. Length of term is three years, except as noted. Appointments are effective the first day of March, and expire the last day of February. Numbers of members for multiple_member bodies will vary. Whenever a vacancy occurs on a multiple_member body, because of death, resignation, removal from the city, removal by the city manager or the pending expiration of a term for which a person has been appointed, public notice shall be given indicating the title, the length of term, a brief description of duties and a general indication of the qualifications desired of candidates. Members may be removed by the city manager for such cause as the city manager deems sufficient. Such cause shall be stated in the order of removal.

All multiple_member bodies shall prepare annual reports of their activities and submit same to the city manager and the city clerk on or before the fourth Friday in September. The annual report shall describe fiscal year activities for the year ending each June 30. Where required by state and/or federal regulations, certain boards may be required to submit copies of their annual reports to appropriate state and/or federal agencies.

Each multiple_member body shall use Roberts Rules of Order, unless another provision is made by administrative order, and shall provide for the keeping of a journal of its proceedings. Such rules and journals shall be available for public inspection in the office of the city clerk. The chair presides over all meetings of the multiple_member body, and is the official representative of the multiple_member body in all proceedings before the city council and other officials of the city. The vice_chair performs the chairs functions in the absence of the chair. The clerk is responsible for the certification of the multiple_member bodys meeting minutes, observance of the public records law, and maintenance of the journal of proceedings of the multiple_member body. If requested by any member, any vote shall be taken by a call of the roll and the vote shall be recorded in the journal provided. However, if the vote is unanimous, only that fact need by recorded. A majority of a multiple_member body shall constitute a quorum, but a smaller number may meet and adjourn from time to time.

The clerk of each multiple_member body is responsible for notifying the city clerk on or before the first of April, of the regularly scheduled multiple_member body meeting times and dates for the ensuing calendar year. The notification shall also include a location for each regular meeting. This shall not prevent multiple_member bodies from amending the schedule or calling special meetings in addition to those regularly scheduled, provided that, in all instances, standards of the open meeting law are followed. The city clerk shall ensure posting of all meeting schedules, consistent with the open meeting law. No multiple_member body shall schedule a regular meeting which conflicts with a regularly scheduled meeting of the city council.

Each multiple_member body may, by a majority vote of its membership, establish subcommittees of the multiple_member body for the purpose of addressing a particular issue or issues. A report of their activities shall regularly be made to the full multiple_member body. Each subcommittee so established shall observe laws relevant to the keeping of public records, the open meeting law, and any other applicable law, charter or administrative order.

The chairman of each multiple_member body shall annually, upon election, meet with the chairman of the respective city council committee to which the multiple_member body has an interrelationship, for the purpose of defining an appropriate relationship during the ensuing fiscal year. The meeting should establish the following: frequency and method of communications, official(s) or employee(s) responsible for communications, and multiple_member body and city council committee roles in the development of legislation.

Any resident of the City of Chelsea, except an elected official, is eligible to be appointed to a multiple_member body of the city. The residency requirement may be waived by the city council upon the recommendation of the city manager. Only where expressly authorized by the charter, the administrative code, or general law, shall an official or employee be appointed by the city manager for service on a multiple_member body. This limitation shall not apply to advisory committees, as further defined in Part I, section 1.02.

The zoning board of appeals hears and decides individual cases brought by persons seeking relief from the requirements of the zoning ordinance, all as provided for by state legislation, and by the city zoning ordinance. Specifically, the board hears and decides cases which involve variances from the zoning ordinance. It also hears and decides applications for special permits and special permits for planned developments.

City Manager: The zoning board of appeals interacts with the city manager and the administrative organization primarily through the planning and development department, which provides administrative, technical and clerical staff support for the purpose to the board and coordinates interaction with the municipal inspections, public works, police and fire departments and the licensing and consumer affairs division.

The board of assessors annually make a fair cash valuation of all estates, both real and personal, subject to taxation within the city. The board determines the annual tax rate necessary to meet all sums voted by the city. The board hears and decides all questions relating to the abatement of taxes levied by it. The board has all of the other powers, duties and responsibilities which are given to boards of assessors by general laws.

City Council: The board of assessors interacts with the city council for the purpose of annually providing the city council with the necessary classification rate information for the holding of classification hearings, to include exemption recommendations, as well as to advise the city council on legislative and policy matters concerning valuation, classification, abatements, and otherwise. The board of assessors interacts primarily with the city council committee which addresses matters concerning financial policy, in order to advise on the aforementioned issues.

City Manager: The cable television advisory committee meets regularly with the city manager, and otherwise provides advice and recommendations to the city manager in the matter of licensing for the cable contract. The city manager provides administrative staff support to the committee, through the licensing and consumer affairs division within the office of the city clerk, in order to effectuate efficient management of the cable license.

City Manager: The cultural council interacts with the city manager and the administrative organization primarily through the recreation and cultural affairs division within the health and human services department, which provides administrative staff support to the cultural council. The cultural council provides advisory information to the recreation and cultural affairs division concerning program and supportive service delivery.

There shall be an economic development board under the administrative control of the executive director of planning and development, hereinafter called the board, which shall consist of five members, one of whom shall be appointed by the secretary of the executive office of communities and development. The board shall serve as the community development board organized under chapter 43C, section 12 of the general laws. Members shall serve for a term of five years.

The economic development board advises and assists in the preparation of economic development plans and strategies, in the development of economic development initiatives and proposals, and in the implementation of specific economic development projects and programs to promote the growth and development of existing local businesses, new businesses, and businesses interested in locating in the city. In particular, the economic development board is responsible for coordinating and approving industrial development projects for financing by means of industrial revenue bonds. The economic development board provides for the increased economic health and strength of the city and its residents by developing an economic development policy and a comprehensive plan for the economic development of the city, and strategies for carrying out the plans goals and objectives. The board shall be and operate as an urban renewal agency within the meaning and requirements of chapter 121B of the General Laws. The board shall be and operate as an urban redevelopment corporation within the meaning and requirements of chapter 121A of the General Laws. The board shall be, and operate as an economic development and industrial corporation within the meaning and requirements of chapter 121C of the General Laws. In all such capacities the board shall operate as in conformity with the restrictions contained in these chapters. The board shall be an industrial development financing authority within the meaning of chapter 40D of the General Laws.

(b) to enter into agreements with the state and/or federal government upon recommendation of the executive director of planning and development and approval of the city council relative to the acceptance or borrowing of funds for any project it determines to undertake and containing such covenants, terms, and conditions as it may deem desirable; provided, however, that nothing shall be construed to require approval by the city council or the appropriate state and/or federal agency of requisition agreements and similar contracts between an agency and the state and/or federal government which are entered into pursuant to an agreement approved by them; and

The city, or the board acting pursuant to chapters 121A, 121B and 121C of the general laws, may obligate itself, in any contract with the state and/or federal government for a loan or the payment of annual contributions authorized by general law or this section, to convey to the state and/or federal government the project to which such contract relates, upon the occurrence of a substantial default with respect to the covenants, terms and conditions of such contract to which the city or the board is subject. Such contract may further provide that, in case of such conveyance, the state and/or federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of such contract, provided that the contract shall require that, as soon as practicable, after the state and/or federal government is satisfied that all the defaults on account of which it acquired the project have been remedied, and that the project will thereafter be operated in compliance with the terms of the contract, the state and/or federal government shall reconvey to the city or the board the project in the condition in which it then exists. The obligation of the city or the board under such contract shall be subject to specific enforcement by any court having jurisdiction.

The provisions of this section are hereby declared to be severable and if any such provision or the application of such provision to any person or circumstances shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to affect the validity or constitutionality of any of the remaining provisions of this section or the application of such provisions to persons or circumstances other than those as to which it is held invalid. It is hereby declared to be the intent that this section would have been adopted had such invalid or unconstitutional provisions not been included therein.

City Manager: The board interacts with the city manager for the purpose of seeking review and approval for bond approvals made on behalf of the city by the board. Administrative and technical support is provided through the planning and development department. Technical support may also be provided by the public works department, the department of municipal inspections, and the licensing and consumer affairs division.

The council of elder affairs coordinates and implements programs designed to meet the needs of the aging. The council of elder affairs surveys the elderly population to better determine their needs, problems and concerns. The council develops criteria for program and supportive services development based upon an assessment of needs and participates in programs offered by the Commonwealths department of elder affairs. The council of elder affairs is an advisory multiple_member body of the city.

City Council: The council of elder affairs interacts with the city council in the matter of developing policies and legislation concerning issues and needs facing the elderly within the city. The council of elder affairs interacts primarily with the city council committee which addresses matters concerning health and human services policy, in order to regularly apprise said committee on current activities and concerns of the council of elder affairs.

City Manager: The council of elder affairs interacts with the city manager and the administrative organization primarily through the elder affairs division within the health and human services department, which provides administrative staff support to the council of elder affairs. The council of elder affairs provides advisory information to the elder services division concerning program and supportive service delivery.

The board of health preserves and maintains the citys public health standards and protects its environmental resources through community education, and by promulgating reasonable rules and regulations pertaining to those matters placed under its jurisdiction by this administrative code, which shall include the communicable diseases, the sanitary code, the environmental code, food purity and quality, housing quality, solid waste, establishments possessing, processing, operating, or dealing in hazardous and/or toxic waste, solid waste haulers, septage haulers, noisome trades, fuel and chemical storage systems, dilapidated structures and lead paint, and all other areas of environmental quality. The board of health provides for appeals and variances as allowed for under state law, the state sanitary code, the state environmental code and the various state codes and city ordinances concerning food purity and quality, housing quality, solid waste disposal and dumpsters, and other areas of environmental quality. The board of health shall be responsible for site assignment for cemeteries, sanitary landfills, refuse treatment and disposal facilities, hazardous waste facilities, transfer stations, other solid waste handling facilities, and trades dangerous to public health. The director of the division of health serves as the secretary of the board, but has no vote. The board takes evidence in appeals, considers plans required by law, holds hearings and issues findings relative to these matters, but has no administrative or executive functions. The director of the division of health exercises the administrative and executive functions of the board, in cases of emergency, concerning the public health as allowed by law. The board may delegate the holding of hearings to the director of the division of health services, or the director of municipal inspections. The board establishes policies and programs for implementation by the division of health.

There shall be a human rights commission consisting of seven members. The commissioners shall, as far as it is practicable, be selected so as to ensure representation from those classes protected under state and federal law, including but not limited to, race, color, religious creed, national origin, sex, age, disability, veteran status, ancestry, sexual orientation, or public benefit status.

The human rights commission has the authority to initiate and conduct hearings, and conduct investigations into the existence of unlawful discrimination or denial of equal access to housing, employment, education, public accommodations, services and facilities affecting any group or individual on the basis of their race, color, religious creed, national origin, disability, veterans status, ancestry, sexual orientation, or public benefits status. It may attempt to resolve disputes through the use of mediation, and may report to the city manager on any matters which cannot be resolved through mediation. The commission has the authority to refer matters to the Massachusetts Commission Against Discrimination for enforcement. The commission does not hear complaints alleging discrimination on the part of any city agency or official.

Any contract entered into by the city or the Chelsea School Committee or any of their agencies, departments, or subdivisions shall contain a covenant by the contractor and his subcontractors not to discriminate on the basis of race, color, national origin, sex, age, disability, veteran status, ancestry, sexual orientation, or public benefit status. Breach of this covenant shall be considered a material breach of the contract, but shall not impair the obligation of any presently existing city or school department contracts.

The board of trustees provides advice, and shall be available for consultation, in the management of the public library and all property of the city under the care and custody of the public library. The board of trustees represents to the city the interests of the public library. The board of trustees establishes a written policy for the selection of library materials and the use of materials and facilities in accordance with the standards adopted by the American Library Association. (Title amended during 2000 codification; amended 7-11-95)

The board of trustees of the library manages the library and all property of the city relating to the library. The board of trustees represents to the city, the interests, issues, and concerns of the library. The board of trustees establishes a written policy for the selection of library materials and the use of materials and facilities in accordance with the standards adopted by the American Library Association.

There shall be a licensing commission consisting of five members, one of whom shall be the executive director of the planning and development department, one of whom shall be the director of the municipal inspections department, and three residents. A resident member shall serve as chairman. The city clerk, or his designee, shall serve as the executive secretary to the licensing commission. The members shall not be engaged, directly or indirectly, in the manufacture or sale of alcoholic beverages. If any member of said commission engages directly or indirectly in such manufacture or sale, his office shall immediately become vacant. (Amended 7-11-95)

The licensing commission acts as the licensing authority for the city with all power to grant, suspend, or revoke licenses and permits for intoxicating liquors, and all licenses and permits now or hereafter vested by the general laws in the mayors and city councils of cities of the commonwealth, including all licenses and permits not placed within the jurisdiction of another municipal department, agency, officer or employee by the charter, ordinances, or this code.

City Manager: The licensing commission interacts with the city manager primarily through the city clerk, who provides administrative staff support to the licensing commission. The licensing commission receives technical support from the planning and development department and the department of municipal inspections. The licensing commission interacts with the police department, which attends its meetings and performs investigations requested by the licensing commission.

The planning board coordinates the development of the citys vision, policies, goals and objectives for the physical, environmental, economic and social growth and development of the community. The board provides advice for the incorporation of the vision, policies, goals and objectives into a comprehensive plan and reviews planning and development proposals for conformance with that plan. The planning board continuously develops and revises the comprehensive plan for the physical, environmental and social needs of the city, and its constituent functional plans for housing, transportation, parks and open space, historic preservation, and geographic plans for the citys neighborhoods and retail business districts. The planning board assists in the development and review of the citys capital improvements program. It reviews and approves the subdivision plan for the city. The planning board is the agency assigned to review and provide comments on environmental impact reports.

The planning board also acts as the historical commission for the city, with its authorities and responsibilities to preserve, protect and develop the historical assets of the city. To meet this responsibility it may conduct research on places of historic value, and cooperate with the state historic preservation officer in conducting such research. It may also make recommendations to the city council, and subject to the approval of the council, to the Massachusetts Historical Commission, that certain places be certified as historical landmarks.

Other Multiple_member bodies: The planning board interacts with the zoning board of appeals by providing recommendations on special permit applications and special permits for planned development, conservation commission, economic development board, licensing commission, traffic and parking commission, and board of health in furtherance of its responsibilities. The planning board may render recommendations of applications for chapter 91 licensing.

The board of registrars has exclusive authority to carry out the duties and responsibilities assigned to it by the laws of the Commonwealth. Registrars of voters shall hold such day and evening sessions for the registration of voters as are prescribed by law, and such other sessions as they deem necessary. Registrars, at such times and places as are appropriate, may receive affidavits of registration and applications to qualify for voting for electors of president and vice_president. The registrars shall, in accordance with the law, prepare an annual register containing the names of all qualified voters for the current year, by district, and seasonably furnish the same to election officers. Upon personal application of a person listed or omitted from such registrar for the correction of any error, the registrars shall investigate and correct the list. Upon submission of a properly filed petition for recount, the board of registrars shall hold a recount as required by law. The board of registrars of voters is a ministerial and regulatory board of the city. (Added 7-11-95)

There shall be a traffic and parking commission consisting of five members, one of whom shall be the chief of police who shall serve as chairman, one of whom shall be the fire chief, one of whom shall be the director of public works, one of whom shall be the director of planning and development, or their designees, and a resident. The parking clerk, or his designee, shall serve as the executive secretary to the traffic and parking commission. (Amended 7-11-95)

The traffic and parking commission has the exclusive authority to adopt, amend, alter and repeal rules and regulations, not inconsistent with general laws, relative to vehicular traffic in the city, and to the movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, ways, highways, roads, and parkways under the control of the city, including rules and regulations, designing any way or part thereof under said control as a through way under and subject to the provisions of section nine of chapter eighty_nine of the general laws, and may prescribe penalties for violation of any rule or regulation adopted

There shall be a youth commission consisting of eleven members, one of whom shall be the freshman class president, one of whom shall be the sophomore class president, one of whom shall be the junior class president, and one of whom shall be the senior class president of the Chelsea High School. The student members shall serve for a one year term. The remaining seven members shall represent the recognized youth organizations within the city as determined by the city manager.

The youth commission advises and assists the city council, the school committee and the city manager in the development of policies, programs and delivery of services for the health and welfare of youth and their families. The commission regularly assesses the needs of youth as individuals and community members, in order to coordinate and develop policies and programs to address these needs. The commission further advises and otherwise assists the city manager, the president of the city council and the chairman of the school committee on utilization of all federal, state, and municipal programs and services available to youth, and provides education and referral resources to all members of the community.