SECTION 1. Every person elected or appointed to any office under this act shall, before he enters upon the duties of his office, take and subscribe an oath of office and file the same with the city clerk, and such officers as the common council may direct shall severally, before they enter upon the duties of their offices, execute to the City of Medford a bond with at least two sureties who shall swear that they are each worth the penalty specified in said bond over and above all debts, exemptions and liabilities, and said bond shall contain such penal sum as the common council may deem proper. The city treasurer, before entering upon the duties of his office, shall also execute a bond, with at least two and not more than ten sureties. The penal sum expressed in such bond shall exceed the amount of the last annual tax roll, and the sureties thereon shall justify as aforesaid in such amounts as taken collectively shall equal double the penal sum expressed in such bond. The common council may, from time to time, require new or additional bonds from the treasurer or other officers of the city, and the common council may remove any officer refusing or neglecting to execute such required bonds.
Editor's note:
This chapter was amended by Charter Ordinance 701, passed 12-9-94, creating the position of City Administrator. The text of Charter Ordinance 701 is set out in full following this Charter.
SECTION 2. The mayor shall, when present, preside over the meetings of the common council; he shall take care that the laws of the state and the ordinances of the city are duly observed and enforced, and that all other executive officers of the city discharge their respective duties. The mayor shall be the chief executive officer, and head of the police of the city, and in case of riot or other disturbances may appoint as many special or temporary constables as he may deem necessary. He shall have authority to remove the marshal for inefficiency or neglect of duty, and appoint some one to fill the vacancy, but such removal and appointment shall be subject to the approval of the common council. The mayor shall have a vote in the common council in case of a tie vote. If the mayor is not present at a meeting of the common council they may choose a temporary presiding officer.
SECTION 3. The city clerk shall keep the corporate seal and all papers and records of the city and keep a record of the proceedings of the common council at whose meetings it shall be his duty to attend, and copies of all papers filed in his office and all transcripts from the record of the city and proceedings of the common council certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were produced. He shall draw and counter-sign all orders on the city treasurer in pursuance of an order or resolution of the common council and keep a full and accurate account thereof in books provided for that purpose. Wherever the clerk shall be absent from any meeting the common council may appoint a clerk pro tem. It shall be the duty of the city clerk to make out the tax roll for said city each year and he shall have power to administer oaths.
Editor's note:
This section was amended by Charter Ordinance 677, passed 4-21-93, the text of which is set out in full following this Charter.
SECTION 4. The city treasurer shall perform such duties and exercise such powers as may be lawfully required of him by the ordinances of the city and the laws of this state. He shall receive all moneys belonging to the city and keep an accurate and detailed account thereof together with an account of all disbursements. He shall report to the common council as often as required and at least once a year ten days before the annual election, a full and detailed account of all receipts and expenditures since the date of the last annual report and also of the state of the treasury, which report shall be filed with the city clerk. The city treasurer shall be collector of the taxes in said city, and in addition to the powers and duties already specified, shall have the same powers and duties, receive the same compensation, and be subject to the same liabilities as town treasurers.
SECTION 8. The common council shall at least ten days before the annual charter election in each year, fix by resolution, the salary which shall be paid to said officers for the ensuing year, and such salaries shall not be increased or diminished during the term of the officer elected or appointed, neither shall extra compensation be granted, except by unanimous vote of the common council approved by the mayor. The mayor, members of the common council, aldermen and supervisors shall not be allowed or receive any compensation for their services except that the supervisors shall receive the regular per diem for their services while upon the county board.
SECTION 9. If any person having been an officer in said city shall not within ten days after notification and request, deliver to his successor in office, all property, books, papers and effects of every description, in his possession, belonging to said city or pertaining to the office he may have held, he shall forfeit and pay to the use of the city one hundred dollars, besides all damages caused by his neglect or refusal so to deliver the same, and such successor may recover possession of said books, papers and effects in the manner prescribed by the laws of the state.
SECTION 11. The mayor or acting mayor and each and every alderman, justice of the peace, marshal, constable and watchman, shall be officers of the peace and may command the peace and suppress in a summary manner all rioting and disorderly behavior within the limits of the city, and for such purposes may command the assistance of all by-standers and other citizens and if any person, by-stander or citizen shall refuse to aid in maintaining the peace, when so required, every such person shall forfeit and pay a fine or five dollars.
SECTION 12. All actions to recover any penalty or forfeiture under this chapter or the ordinances, by-laws, police and health regulations made in pursuance thereof, shall be brought in the corporate name of the city, and may be heard and determined before any court of competent jurisdiction. All fines and penalties collected in such cases shall be paid over to the city treasurer.
SECTION 14. No alderman or other city officer shall be accepted as surety upon any bond, note or obligation made to the city, nor shall any officer required to give bond as aforesaid, enter upon the discharge of the duties of his office until such bond shall have been filed and approved as by this act provided.