The text
FOOTNOTE(S):
--- (3) --- refcharter or refcross or refstatelaw State Law reference— Election and qualification of officers, G.L. 1956, § 45-4-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 2-46. - Residence in town required.#
(a)
All employees of the town, other than employees of the school department, law enforcement officers of the police department and except as otherwise provided herein, shall reside in the town.
(b)
All employees of the police department as of the date of enactment of this section shall be exempt from its provisions.
(c)
In the event the town council determines that to obtain an employee with the required skills for a particular job it is necessary to hire a nonresident, the town council may by majority vote do so.
(d)
The town council may grant an exemption to this section to any town employee who has worked for the town for a period of at lest ten consecutive years and who has moved out of town for good cause.
Comment Text (parent not a footnote)(Ord. of 8-8-96(1))
State law reference— Comment Text (parent not a footnote)Residency of police officers and firefighters, G.L. 1956, § 45-2-15.
Sec. 2-47. - Policy on town vehicles.#
The following guidelines shall apply to the use of town vehicles assigned to specific personnel on a "take-home" basis: (1)
Town vehicles shall be used only for town business. They shall not be used for personal convenience or personal business. If you are called out in the evening or on a weekend, you should use your assigned vehicle. Employees who are not assigned a town vehicle shall be compensated at the rate of thirty cents ($0.30) per mile when they are required to use their private vehicle for town business, unless a flat rate of compensation has been negotiated prior to the adoption of this policy. Department heads will develop appropriate forms for reporting such business use.
(2)
Fuel is available for town assigned vehicles at the police station or public work's complex.
(3)
Maintenance and repair of town vehicles will be the responsibility of the public work's department.
(4)
In return for the privilege of using the vehicles for transportation to and from work, it will be your responsibility to keep the interior and exterior of the vehicle clean and washed.
(5)
Optional equipment requires prior approval by the appropriate department head. If approved, you may, at your option and personal expense, add accessories to the vehicle (radio, tape player, etc.). Once added, however, they will become the property of the town unless they can be removed from the vehicle at the time of disposal without causing a reduction in the disposal or resale value of the vehicle. Should one of these items be stolen, the town will not reimburse you or replace the item.
(6)
If you are to be away from the office for more than three (3) days for personal reasons, vacation, prolonged sickness, etc., your keys should be left with the department so the vehicle can be assigned if needed to another employee.
(7)
Do not take the vehicle out of town for more than one (1) night without first receiving proper authorization from the town council.
Comment Text (parent not a footnote)(Ord. of 7-11-96)
Secs. 2-47—2-65. - Reserved.#
DIVISION 2. - INDEMNIFICATION#
Sec. 2-66. - Authority.#
This division is enacted pursuant to General Laws section 45-15-16.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 1)
Sec. 2-67. - Definition.#
For purposes of this division, the words "employees and officials" shall not include employees of the town whose terms and conditions of employment are the subject of a collective bargaining agreement; otherwise, "employees and officials" shall include for coverage under this division any and all public employees, officials, members of boards, agencies and commissions and also to town council members, and school committee members. Indemnification shall be provided hereunder whether or not such employees, officials or members are paid.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 3)
Sec. 2-68. - Generally.#
Except to the extent that an employee is covered by either his own insurance or by insurance purchased by the town, the town shall defend and indemnify any and all public employees and officials from all reasonable loss, cost, expense and damage, including legal fees and court costs, if any, not to exceed the sum of one hundred thousand dollars ($100,000.00), exclusive of legal fees and court costs, for any one (1) employee or official arising out of any claim, action, compromise, settlement or judgment by reason or any intentional tort or by reason of any alleged error or misstatement or act or omission, or neglect or violation of the rights of any person under any federal or state law, including misfeasance, malfeasance or nonfeasance or any act, omission or neglect contrary to any federal or state law which imposes personal liability on any such employee or official, if such employee or official, at the time of such intentional tort or act, omission or neglect, was acting within the scope of his official duties or employment. The town council may decline to indemnify any such employee or official for any misstatement, error, act, omission or neglect if the same resulted from wilful, wanton or malicious conduct on the part of such employee or official.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 2)
Sec. 2-69. - Control of case.#
The town shall have the right to settle any claim or suit as the town council in its sole and absolute discretion deems appropriate. The town shall have the right to assert, or not to assert any defense, as it deems advisable. Payment by the town of the liability limit set forth in this division ends its duty to defend or settle.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 4)
Sec. 2-70. - Duties of employees and officials.#
Employees or officials who claim coverage under this division have the duty: (1)
To promptly notify the town council of any accident or claim.
(2)
To cooperate with the town council and its attorney in the investigation, settlement or defense of any claim or suit.
(3)
Immediately deliver to the town council or its attorney copies of any notices or legal papers received in connection with any claim or suit.
Failure to comply with any of these conditions shall be sufficient grounds for the town council to withdraw and terminate its obligations under this division.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 5)
Sec. 2-71. - Right to recover from others.#
If the town makes any payment pursuant to this division, it is entitled to recover what it paid from other parties. Any employee or official for whom the town makes payment must transfer to the town his right of recovery against any other party, and shall have been deemed to have done so by electing to be defended pursuant to the terms of this division. Such employee or official must do everything necessary to secure these rights and must do nothing that would jeopardize them.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 6)
Sec. 2-72. - Other insurance.#
Where an official or employee is covered by other insurance the liability of the town under this division shall be limited to the difference between the amount covered by the other insurance and the sum of one hundred thousand dollars ($100,000.00). This division shall not create any obligation on the part of the town to indemnify any insurer, guarantor, collective bargaining unit or its parent organization, or any other person who shall have paid or assumed the obligation to pay, indemnify or insure any employee or official for any claim of the type covered by this division.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 7)
Sec. 2-73. - No right to sue directly.#
This division shall not be deemed to create any right in any person having a claim against any employee or official to sue the town directly, nor shall any person obtaining a judgment against any employee or official have any right to sue the town directly to recover such judgment or any part thereof.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 8)
Sec. 2-74. - Legal counsel.#
The town solicitor shall act as counsel in the defense of all claims covered by this division at no cost to the employee or official. The town council, in its sole discretion, may decide in a particular case to engage the services of outside counsel at no cost to the employee or official. The town shall not be liable for the fees of counsel engaged by the employee or official nor shall the town be liable to indemnify the employee or official for any loss, cost, expense or damage where the official or employee declines the services of counsel provided by the town.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 9)
Sec. 2-75. - Indemnification fund, source of funds.#
The town council may establish a fund into which it may deposit monies appropriate from time to time to carry out the purposes of this division. The amounts in any such fund at the end of the fiscal year may be carried forward to subsequent fiscal years without any reappropriation unless the town council in a particular fiscal year affirmatively votes to do otherwise. Except to the extent paid from the indemnification fund, all amounts paid pursuant to this division on account of claims against school department officials or employees shall be paid from school department funds and all other claims shall be paid from the general funds of the town.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 10)
Sec. 2-76. - Right to indemnify other officials and employees.#
The town council reserves the right with respect to officials and employees who are not covered by this division to decide on a case-by-case basis whether or not, and to what extent and on what terms and conditions to cover them. Such decision shall be within the sole and absolute discretion of the town council. Furthermore, the town council may, in the exercise of its sole and absolute discretion, on a case-by-case basis decide whether or not to provide indemnity above the limit of one hundred thousand dollars ($100,000.00) established by section 2-68.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 11)
Secs. 2-77—2-90. - Reserved.#
DIVISION 3. - DIRECTOR OF PUBLIC WORKS#
FOOTNOTE(S):
--- (4) --- refcharter or refcross or refstatelaw Cross reference— Parks and recreation, Ch. 9; streets and sidewalks, Ch. 13.
Sec. 2-91. - Office created.#
There is hereby created the office of director of public works in and for the town.
Comment Text (parent not a footnote)(Ord. of 4-13-78(2), § 1)
Sec. 2-92. - Appointment, term.#
The director of public works shall serve at the pleasure of the town council and shall be appointed annually for a term of one (1) year. Such appointment shall be made in January of each year.
Comment Text (parent not a footnote)(Ord. of 4-13-78(2), § 3)
Sec. 2-93. - Duties.#
The duties of the director of public works shall be to: (1)
Supervise the highway department.
(2)
Be in charge of the care and maintenance of all town parks and recreational facilities.
(3)
Be in charge of the maintenance of all other town properties and buildings.
(4)
Perform all the duties of highway surveyor.
Comment Text (parent not a footnote)(Ord. of 4-13-78(2), § 2)