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City Council Ordinance Review Subcommittee
Draf inutes — September 30, 2009
pag6 2/ of 9
Comment JND 1 Regarding Definitions
Atty. Decoulos' comment I states:
I found some of these confusing and unnecessary. They go beyond even the list of
statutory definitions found in the General Laws at Ch 4 Section 7. Some of these
definitions are in the Charter, but definitions for Initiative Measure and Referendum
Measure are in the Charter and not here. It isn't necessary to repeat definitions that are
in the Charter, but I have retained them anyway. Definitions marked by an asterisk * are
in the Charter. They are all verbatim with the exception of City Officer. See comment at
that definition. I have deleted many provisions for simplicity and as being common
language anyway. Definitions marked by an asterisk* are in the Charter. They are all
verbatim with the exception of City Officer. See comment at that definition.
I have deleted many provisions for simplicity and as being common language anyway.
Slate notes that the Committee decided that the language in the current ordinance remain
and that the Mayor be designated as a City Officer and that the City Council consider
adding the designation to any city department head that is not currently listed as �y
O fficer.
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Atty. Decoulos comment states:
This first sentence [in the definition of City Officer] is verbatimf•om the Charter. The
list here that follows also appears at Chapter 17 -53 which also adds Director of
Planning and Development and Director of Public Safety. Notably missing is the Mayor
who certainly comes under the definition of the Charter.
Also some, but not all, of the provisions establishing department heads and directors
provide the designation of City Officer.
The only significance I could find as to an employee being designated as a City Officer is
that at 17 -4 service time for vacation time is cumulative but not consecutive and at 17 -53
they do not get monetary compensation for overtime.
Note also that at 17 -47 (h) the term "any department head of the city shall not be eligible
to receive accrued sick days at termination. " A department head would be more [the
comment states less in error] restrictive than the definition of City Officer under the
Charter and the itemized list under the section and under 17 -4. For example, the
Director of the Council on Aging, the Airport Manager, the Chief Assessor and the
Director of Community Services are not department heads, but each would come under
the Charter definition as having charge of an office and exercising some portion of the
sovereign power.