9-9-2024 Charter Red Line — File 24-1308

1 Voted, to petition the General Court to the end that legislation be adopted 1 precisely as follows. The General Court may make clerical or editorial 2 changes of form only to the bill, unless the mayor approves amendments to 3 the bill before enactment by the General Court. The mayor is hereby 4 authorized to approve amendments which shall be within the scope of the 5 public objectives of this petition. 6 7 AN ACT ESTABLISHING A CHARTER FOR THE CITY OF SOMERVILLE 8 9 Be it enacted by the Senate and House of Representatives in General Court 10 assembled, and by the authority of the same as follows: 11 12 SECTION 1. The following shall be the charter for the city of Somerville: 13 PREAMBLE 14 We, the people of Somerville, with our diversity in culture and thought, in 15 order to reaffirm the liberties of the people with respect to the conduct of 16 our local government, adopt this charter to continue and enhance the city’s 17 strong traditions of the pursuit of justice; empowerment of residents; 18 ethical, transparent and responsive leadership; wise use of public resources; 19 representation for all; and an engaged populace. We expect that our 20 government will be approachable, accountable, equitable, inclusive, and 21 respectful towards all people, and it will strive to provide all residents an 22 equal opportunity to participate fully in the economic, cultural and 23 intellectual life of the city. 24 ARTICLE 1 25 INCORPORATION; SHORT TITLE; DEFINITIONS 26 SECTION 1-1: INCORPORATION 27 The residents of the City of Somerville within the territorial limits established 28

2 by law, shall continue to be a municipal corporation, a body corporate and 29 politic, under the name "City of Somerville.” 30 SECTION 1-2: SHORT TITLE 31 This instrument shall be known and may be cited as the City of Somerville 32 Charter (“charter”). 33 SECTION 1-3: SEPARATION OF POWERS 34 The administration of the fiscal, prudential and municipal affairs of the city 35 shall be vested in an executive branch led by a mayor and a legislative 36 branch consisting of a city council. The legislative branch shall never 37 exercise any executive power and the executive branch shall never exercise 38 any legislative power. 39 SECTION 1-4: POWERS OF THE CITY 40 Subject only to express limitations on the exercise of any power or function 41 by a municipal government in the constitution or General Laws, it is the 42 intention and the purpose of the municipal voters of the city, through the 43 adoption of this charter, to secure for themselves and their government all 44 of the powers it is possible to secure as fully and as completely as though 45 each power were specifically and individually enumerated in this charter. 46 SECTION 1-5: CONSTRUCTION 47 The powers of the city under this charter are to be construed liberally in 48 favor of the city and the specific mention of any particular power is not 49 intended to limit the general powers of the city as stated in section 1-4. To 50 the extent that any provision of this charter shall conflict with any special act 51 or law adopted by the city to the contrary, the provisions of this charter shall 52 prevail. 53 SECTION 1-6: INTERGOVERNMENTAL RELATIONS 54

3 Subject only to express limitations in the constitution or General Laws, the 55 city may exercise any of its powers or perform any of its functions and may 56 participate in the financing thereof, jointly or in cooperation, by contract or 57 otherwise, with the commonwealth or any of its agencies or political 58 subdivisions, or with the United States government or any of its agencies. 59 SECTION 1-7: DEFINITIONS 60 Unless the context clearly requires otherwise, the following terms shall have 61 the following meanings as used in this charter: 62 (1) “Business day”, any day that is not a Saturday, Sunday, or legal 63 holiday. For the purposes of this definition, legal holiday shall mean 64 Massachusetts legal holidays as published by the secretary of the 65 commonwealth. 66 (2) “Charter”, this charter and any adopted amendments to it. 67 (3) “The “City” or “city”, the City of Somerville. 68 (4) “City agency”, any multiple member body, department, division or 69 office of the city. 70 (5) “City officer” or “department head”, a person having charge of a 71 city office or department. 72 (6) “City website”, an online site established and maintained by the 73 city as its repository of municipal information. 74 (7) “ “Emergency”, a sudden, generally unexpected occurrence or set 75 of circumstances demanding immediate action or response. 76 (8) “General Laws”, the Massachusetts General Laws. 77 (9) “Majority vote”, a majority of the present and voting members of 78 a body, unless otherwise provided for by law or by the body’s own 79 rules. Provided, however, that General Laws related to any vote to 80 meet in executive session shall always require a majority of the full 81 multiple member body. 82

4 (10) “Measure”, any ordinance, order, other vote or proceeding 83 adopted, or proposed to be adopted, by the city council or the school 84 committee. 85 (11) “Multiple member body”, any council, commission, committee, 86 subcommittee or other body consisting of 2 or more persons, whether 87 elected, appointed or otherwise constituted, but not including the city 88 council or its committees, the school committee or its subcommittees 89 or an advisory committee or task force established by the mayor or 90 city council. 91 (12) “Municipal voter”, anyone who is eligible to vote in a municipal 92 election pursuant to this charter. 93 (13) “Organization or reorganization plan”, a plan submitted by the 94 mayor to the city council which proposes: 95 (i) a change in the organization or the administrative structure of 96 the city administration or organization; or 97 (ii) a change in the way in which municipal services are delivered. 98 (14) “Post”, make available publicly on the city website, at city hall, in 99 a local newspaper and as otherwise may be required by law. For the 100 purposes of this definition, a local newspaper shall be a newspaper of 101 general circulation within the city, with either weekly or daily 102 circulation. The city council president may, from time to time, select a 103 local newspaper for posting according to a procedure that shall be set 104 forth in the rules of the city council. 105 (15) “Quorum”, a majority of all voting members of a multiple member 106 body unless some other number is established by law or by ordinance. 107 (16) “Statewide voter”, anyone who is eligible to vote pursuant to 108 state and federal law. 109

5 (17) “Year”, a calendar year, unless otherwise specified. 110 ARTICLE 2 111 LEGISLATIVE BRANCH 112 SECTION 2-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 113 (a) Composition - There shall be a city council consisting of 11 members 114 which shall exercise the legislative powers of the city. Four of these 115 members, to be known as councilors at-large, shall be nominated and 116 elected by the municipal voters at large. Seven of these members, to be 117 known as ward councilors, shall be nominated from and elected by the 118 municipal voters in each ward, with 1 ward councilor to be elected from each 119 of the 7 wards into which the city is divided under section 7-7. 120 (b) Term of Office - The term of office for councilors shall be 2 years each, 121 beginning on the first business day in January following the municipal 122 election. 123 (c) Eligibility - Any statewide voter residing in the city shall be eligible to 124 hold the office of councilor at-large. Any statewide voter residing in the ward 125 from which election is sought shall be eligible to hold the office of ward 126 councilor. If the city council determines that a ward councilor or a councilor 127 at-large has removed from the city during the councilor’s term, that office 128 shall immediately be deemed vacant and filled in the manner provided in 129 section 2-12. A ward councilor who removes from the ward in which the 130 councilor was elected and who remains a municipal voter of the city may 131 continue to serve the balance of the term to which elected. 132 SECTION 2-2: PROHIBITIONS 133 (a) Holding Other City Position – Except as otherwise provided by this 134 charter, a member of the city council shall hold no other compensated city 135 position. A former member of the city council shall not hold any 136

6 compensated appointed city position for 1 year after termination of their 137 service on the city council, unless the council approves a waiver of this 138 provision approved by affirmative vote of 8 members of the city council. This 139 section shall not prevent a city employee who vacated a position to serve as 140 a member of the city council from returning to the same position upon the 141 expiration of the term for which that person was elected. 142 (b) Interference with Administration - The city council or any member of the 143 city council shall not give orders or directions to any employee of the city 144 appointed by the mayor, either publicly or privately. 145 SECTION 2-3: COMPENSATION 146 The members of the city council shall receive compensation for their services 147 as set by ordinance. An ordinance increasing or reducing the compensation 148 of the members of the city council shall not be effective unless: 149 (1) it is adopted by affirmative vote of 8 members of the city council; 150 (2) it is adopted prior to the last 6 months of the council’s term; and 151 (3) it provides that the compensation increase or reduction is to take 152 effect upon the organization of the city government following the next 153 regular city election municipal election . 154 SECTION 2-4: GENERAL POWERS 155 Except as otherwise provided by the General Laws or by this charter, all 156 powers of the city shall be vested in the city council which shall provide for 157 the performance of all duties and obligations imposed upon the city by law. 158 SECTION 2-5: EXERCISE OF POWERS; QUORUM; RULES 159 (a) Exercise of Powers - Except as otherwise provided by General Laws or by 160 this charter, the legislative powers of the city council may be exercised in a 161 manner determined by the city council. 162

7 (b) Quorum - Once a quorum is present, a majority vote shall be required to 163 adopt any ordinance, except as otherwise provided by General Laws or by 164 this charter. 165 (c) Rules of Procedure - The city council shall adopt rules regulating the 166 procedures of the city council, which shall be subject to adoption, 167 amendment or repeal by vote of the city council. 168 (d) Meetings - Regular meetings of the city council shall be held at a time 169 and place fixed by ordinance. 170 (e) Special meetings of the city council shall be held at the call of the 171 president or at the call of any 6 or more members, for any purpose. Except 172 in an emergency as declared by the city council president, notice of the 173 meeting shall be delivered to each member by hand or by electronic mail at 174 least 2 business days in advance of the time set and shall specify the date, 175 time, location and purpose for which the meeting is to be held. A copy of 176 such each notice shall immediately be posted. 177 (f1) All sessions of the city council and every city council committee or 178 subcommittee shall, at all times, be open to the public, unless otherwise 179 specified by law. 180 (g2) A full, accurate, up-to-date account of the proceedings of the city 181 council shall be maintained by the city clerk, which shall include a record of 182 each vote taken and be made available with reasonable promptness 183 following each meeting. Executive session minutes shall be made available 184 as soon as publication of the minutes would not defeat the purpose of the 185 executive session, unless otherwise provided by law. 186 SECTION 2-6: ELECTION, TERM, AND POWERS OF CITY COUNCIL 187 PRESIDENT AND VICE- PRESIDENT 188 (a) Election and Term - As soon as practicable after the councilors-elect have 189

8 been qualified following each regular city electionmunicipal election , as 190 provided in section 7-4, the city council shall elect from among its members 191 a president and vice-president who shall serve for 1-year terms. The 192 member of the council with the most years of service shall preside at the 193 election. If 2 or more members have the same term of service the councilor 194 with the last name that is first in alphabetical order from among such the 195 councilors shall preside. The conduct of all elections of the city council 196 president and vice-president shall otherwise be prescribed within the rules of 197 the city council. 198 (b) Powers and Duties - The president shall have the following powers and 199 duties: 200 (1) determine the agenda for city council meetings; 201 (2) preside at all meetings of the city council, regulate its proceedings, 202 and decide all questions of order, provided, however, that the vice- 203 president shall preside in the absence of the president; 204 (3) appoint all members of committees of the city council, whether 205 special or standing; 206 (4) have the same powers to vote upon measures coming before the 207 city council as any other member of the city council; and 208 (5) perform any other duties consistent with the office that are 209 established by this charter, ordinance or other vote of the city council. 210 SECTION 2-7: APPOINTMENTS OF THE CITY COUNCIL 211 (a) City Clerk -– The city council shall appoint a city clerk to serve at the 212 pleasure of the city council and until a qualified successor is chosen. and 213 qualified. The city clerk shall have the powers and duties relating to the 214 keeping of records and vital statistics, the issuance of licenses as are 215 provided to city clerks by the General Laws and such additional powers and 216

9 duties as may be provided by law or by other vote of the city council. 217 (b) Advisory Legal Counsel - Subject to appropriation, the city council may 218 secure legal services, when needed, to seek a secondary legal opinion. The 219 city council shall make a reasonable request for legal services, and that 220 request shall not be unreasonably denied by the mayor. The city solicitor 221 and any advisory legal counsel shall consult to the extent practicable prior to 222 the release of any secondary opinion. The legal services provided to the 223 council shall not include representation of the council or any councilor in any 224 litigation, or the issuance of formal legal opinions on behalf of the city. The 225 city solicitor shall remain the only authorized officer of the city in all legal 226 matters involving the city’s government. 227 (c) Other Staff - Subject to appropriation, the city council may employ staff 228 as it deems necessary. 229 (d) Removals and Suspensions of City Council Staff -– City council 230 appointments may be removed at the sole discretion of the city council 231 subject to limitations and requirements imposed by federal and state laws, 232 rules, or regulations and city personnel policies and procedures. 233 SECTION 2-8: CITY COUNCIL CONFIRMATION OF CERTAIN APPOINTMENTS 234 (a) Department Heads - The mayor shall refer to the city council for 235 confirmation and simultaneously file with the city clerk the name of each 236 person the mayor has appointsed as a department head. These 237 appointments shall bec considered ome confirmed 30 days from the date of 238 the first regularly scheduled city council meeting after the date on which 239 notice of the appointment was filed with the city clerk, unless the city council 240 within said 30 days shall reject the appointment by the affirmative vote of 8 241 members. However, if no city council meeting is held within the subsequent 242 30 days following of the mayor’s filingirst meeting, the city council shall have 243 an additional 30 days from the date of mayor’s filing instead have 30 days 244

10 from the second regularly scheduled meeting after the appointment to reject 245 the appointment. The city council shall not unreasonably reject an 246 appointment and shall accompany a rejection with a written statement 247 describing the reason, which shall be delivered to the mayor and placed on 248 file with the city clerk within 30 days of the council’s vote rejecting an 249 appointment. filing. The question on rejection of any appointment made by 250 the mayor shall not be subject to the procedure of charter objection 251 provided in section 2-9(b) of this charter. 252 (b) Multiple Member Bodies - The mayor shall refer to the city council and 253 simultaneously file with the city clerk the name of each person the mayor 254 desires to appoint as a member of a multiple member body. The city council 255 shall have 60 days after the date on which notice of the proposed 256 appointment was filed with the city clerk to vote to approve or reject the 257 appointment, with approval not to be unreasonably withheld. If the city 258 council does not take action on the appointment within 60 days the 259 appointment shall be deemed approved. Multiple member body members 260 may be removed at the discretion of the mayortheir appointing authority. 261 subject to limitations and requirements imposed by federal and state laws, 262 rules or regulations. 263 (1) In the event of a vacancy on a multiple member body where the 264 seat has remained vacant in excess of 1 year and the mayor has not 265 referred to the city council any proposed appointees to fill the vacancy, 266 the city council president may present to the mayor the names of up 267 to no more than 3 persons individuals as recommendations for 268 appointment. The procedure for selecting names of persons names for 269 presentation to the mayor shall be established within the rules of the 270 city council. 271 (2) The mayor shall twice annually, in February and August, post a 272

11 complete list of the vacancies on within all multiple member bodies, as 273 well as the procedures for individuals to apply to become a member of 274 such those bodies. This posting shall be in addition to, and not a 275 substitute for, regular posting for the purpose of filling vacancies as 276 they arise. 277 (c) Constables - The mayor shall refer to the city council and simultaneously 278 file with the city clerk the name of each person the mayor desires to appoint 279 as a constable within the city. The city council shall not unreasonably 280 withhold confirmation of appointments and shall accompany a rejection with 281 a written statement describing the reason, which shall be delivered to the 282 mayor and placed on file with the city clerk within 30 days of that rejection. 283 Constables shall serve for a term of 3 years, and submission for 284 reappointment shall be made at least 60 days prior to the expiration of a 285 constable’s term. The question on confirmation of any appointment 286 submitted by the mayor shall not be subject to the procedure of charter 287 objection provided in section 2-9(b) of this charter. 288 (cd) Police and Fire Civil Service Employees - The mayor shall refer to the 289 city council and simultaneously file with the city clerk the name of each 290 person the mayor desires to appoint as a member or officer of the police 291 department or the fire department. The city council shall not unreasonably 292 withhold confirmation of appointments, shall adhere to any merit principles 293 identified in applicable law, including, but not limited to applicable civil 294 service law, and shall accompany a rejection with a written statement 295 describing the reason, which shall be delivered to and placed on file with the 296 city clerk within 30 days of that rejection. The question on confirmation of 297 any appointment submitted by the mayor shall not be subject to the 298 procedure of charter objection provided in section 2-9(b) of this charter. 299 SECTION 2-9: ORDINANCES AND OTHER MEASURES 300

12 (a) Measures - Every adopted measure shall become effective at the 301 expiration of 10 days after adoption or upon the signature of the mayor, 302 whichever occurs first, unless the ordinance or this charter provides 303 otherwise. An ordinance shall not be amended or repealed except by another 304 ordinance adopted in accordance with this charter. 305 (b) Charter Objection - On the first occasion that the question on adoption of 306 a measure is put to the city council, a single member may object to the 307 taking of the vote and postpone the vote until the next meeting of the city 308 council, whether regular or special. If 2 or more members object, the vote 309 shall be postponed until the next regular meeting. This procedure shall not 310 be used more than once for any specific matter regardless of whether it has 311 been amended. A charter objection shall have privilege over all motions 312 provided, however, that it shall be raised prior to or at the call for a vote by 313 the presiding officer and all debate shall cease. 314 SECTION 2-10: ACCESS TO INFORMATION 315 (a) In General - The city council may make investigations into the affairs of 316 the city and into the conduct and performance of any city agency. Absent 317 compelling circumstances or an emergency which shall be declared on record 318 and noted in the city council minutes, the city council shall give a minimum 319 of 14 days’ notice to any person it may require to appear before it under this 320 section. In the case of circumstances involving compelling circumstances or 321 emergency, 7 days’ notice shall be allowed. The notice shall include specific 322 questions on which the city council seeks information and any person called 323 to appear before the city council under this section shall not be required to 324 respond to any question not relevant or related to those questions presented 325 in advance and in writing. The mayor shall receive a copy of any notice 326 issued under this section at the same time as the person who is requested to 327 appear before the council. A mMajority vote of the city council shall be 328

13 required to issue notice under this section. 329 (b) Department Head - The city council may require, by majority vote, 330 specific information from a department head or their designee on any matter 331 related to the municipal services, functions and powers or duties which are 332 within the scope of responsibility of such department head and related to the 333 official duties and responsibilities of the city council.that person. The 334 department head or their designee shall not be required to answer questions 335 relating to any other matter outside the scope of the matter noticed or 336 provide information that is privileged or the release of which is prohibited by 337 law. 338 (c) Mayor - The city council may request, by majority vote, specific 339 information from the mayor on any municipal matter related to the official 340 duties and responsibilities of the city council. The mayor or their designee 341 shall appear before the city council and respond to the questions. The mayor 342 or their designee shall not be required to answer questions relating to any 343 other matter outside the scope of the matter noticed or be required to 344 provide information that is privileged or the release of which is prohibited by 345 law. The mayor may bring to this meeting any assistant, department head or 346 other city officer or employee that the mayor may consider necessary to 347 assist in responding to the questions posed by the city council. 348 349 SECTION 2-11: GROUP PETITIONS 350 The city council shall hold a public hearing and act with respect to every 351 petition which is addressed to it and which is signed by at least 50 municipal 352 voters as certified by the board of election commissioners. The hearing shall 353 be held by the city council or by a committee or subcommittee thereof, and 354 the city council shall act on the petition within 3 months of filing with the city 355 clerk. Hearings on 2 or more petitions filed under this section may be held at 356

14 the same time and place. At least 14 days before the hearing, the city clerk 357 shall notify the 10 petitioners whose names first appear on each petition, 358 publish a general summary of the subject matter of the petition, and post 359 notice of the date and time of the public hearing. A hearing shall not be held 360 upon any subject more than once in a 12-month period, as determined by 361 the city council president. 362 SECTION 2-12: FILLING OF VACANCIES 363 (a) Councilor At-Large – Whenever a vacancy occurs in the office of 364 councilor at-large the process for filling of the vacancy shall be determined 365 by the number of days remaining until the next municipal election. In all 366 occurrences of a vacancy, the city clerk shall notify the city council and the 367 chairperson of the board of election commissioners of the vacancy within 7 368 days. Within 7 days after notification, the chairperson of the board of 369 election commissioners or a designee shall certify, in writing, to the city 370 clerk that the defeated candidate for the office of councilor at-large with the 371 next highest number of votes at the municipal election at which councilors 372 at-large were elected for the term in which the vacancy occurs shall serve as 373 councilor at-large. If the person is eligible and willing to serve, the city clerk 374 shall administer the oath of office to the person within 15 days after 375 certification and the person shall serve. If the person who is eligible declines 376 the office, is not eligible and willing to serve, or fails to take the oath of 377 office within the time period set forth in this section, then the person with 378 the next highest number of votes at the election who is eligible and willing to 379 serve shall serve. 380 If a vacancy occurs: 381 (1) More than 180 days until the next municipal election, the candidate with 382 the highest vote total among those candidates not elected, shall next highest 383 candidate serves the remainder of the unexpired term. If there is no 384

15 defeated candidate eligible and willing to serve and who has taken the oath 385 of office, there shall be a special election to fill the vacancy. 386 (2) Less than or equal to 180 days prior to any regular municipal election in 387 the office of councilor at-large, the candidate with the highest vote total 388 among those candidates not elected,next highest candidate serves until the 389 next municipal election. If there is no eligible and willing candidate from the 390 most recent regular municipal election, then the seat remains vacant until 391 the next regular municipal election. The person elected shall fill the vacancy 392 for the remainder of the unexpired term as well as the and the term to which 393 elected. The city clerk shall administer the oath of office to them at the next 394 meeting of the city council. 395 (b) Ward Councilor - If a vacancy occurs in the office of ward councilor more 396 than 180 days prior to any regular municipal election, the city council shall 397 immediately order a special election to fill the vacancy for the remainder of 398 the unexpired term. If a vacancy occurs 180 days or less prior to any regular 399 municipal election, the seat shall remain vacant until the next regular 400 municipal election for the office and the person elected shall fill the vacancy 401 for the remainder of the unexpired term as well as and the term to which 402 elected. The city clerk shall administer the oath of office to the person at the 403 next meeting of the city council. 404 (a) Councilor At-Large - –When a vacancy exists for an at-large council seat 405 and more than 180 days remain in the term, the city clerk shall notify the 406 city council and the chairperson of the board of election commissioners of 407 the vacancy within 7 days. Within 7 days after notification, the chairperson 408 of the board of election commissioners or a designee shall certify, in writing, 409 to the city clerk that the defeated candidate for the office of councilor at- 410 large with the next highest number of votes at the prior municipal election, if 411 willing and able to serve, shall fill the remainder of the existing term. The 412

16 city clerk shall administer the oath of office to the person within 15 days 413 after certification and the person shall take the seat. If the person who is 414 eligible declines the office, is not eligible and willing to serve, or fails to take 415 the oath of office within the time period set forth in this section, then the 416 person with the next highest number of votes for councilor at large at the 417 prior municipal election who is eligible and willing to serve shall take the seat 418 under the same circumstances as above. If no such candidate for the office 419 can serve, the city council will call a special election to fill the seat until for 420 the remainder of the term. If the vacancy occurs with 180 days or fewer in 421 the existing term, the vacancy shall be filled as above; provided, however, if 422 no candidate is available to take the seat, the seat shall remain vacant until 423 the next regular municipal election, and the person elected shall take office 424 upon certification of the vote, and serve for the remainder of the existing 425 term as well as the term to which elected. The clerk shall administer the 426 oath of office to them at the next meeting of the city council. 427 (b) Ward Councilor - If a vacancy occurs in the office of ward councilor and 428 more than 180 days remain on the existing term, the same procedures and 429 timelines as provided in (a) above for a councilor-at-large shall apply to a 430 ward councilor seat in the ward where a vacancy exists. If a vacancy occurs 431 180 or fewer days before the end of the term, the same provisions as appear 432 in (a) above for a councilor-at-large shall apply to a ward councilor vacancy. 433 ARTICLE 3 434 EXECUTIVE BRANCH 435 SECTION 3-1: MAYOR: ROLE; TERM OF OFFICE; ELIGIBILITY 436 (a) Role -– The chief executive officer of the city shall be a mayor, elected 437 by the municipal voters of the city at large. The role of mayor shall be a full- 438 time position. 439

17 (b) Term of Office -– The term of office for mayor shall be four two years, 440 beginning on the first business day in January following the municipal 441 election. 442 (c) Eligibility -– Any statewide voter residing in Somerville shall be eligible to 443 hold the office of mayor. 444 SECTION 3-2: PROHIBITIONS 445 The mayor shall not hold another compensated city position or other elected 446 public office. A former mayor shall not hold a compensated appointed city 447 office or city employment for at least 1 year after termination of their service 448 as the mayor. . Any former mayor shall not receive compensation for 449 contracted work authorized during their tenure as the mayor. , provided, 450 however, that they may be compensated for limited hours advising the 451 incoming mayor. This subsection shall not prevent a city officer or other city 452 employee who has vacated a position to serve as the mayor from returning 453 to the same office or other position of city employment held when the 454 position was vacated. This prohibition shall not apply to persons covered by 455 a leave of absence under section 37 of chapter 31 of the General Laws. 456 SECTION 3-3: COMPENSATION 457 The mayor shall receive compensation for their services as set by the city 458 council by ordinance. An ordinance increasing or reducing the compensation 459 of the mayor shall not be effective unless: 460 (1) it is adopted by affirmative vote of 8 members of the city council; 461 (2) it is adopted prior to the last 6 months of the mayor’s term; and 462 (3) it provides that the compensation increase or reduction is to take 463 effect upon the organization of the city government following the next 464 regular city electionmunicipal election. 465

18 SECTION 3-4: EXECUTIVE POWERS 466 (a) Executive Powers - The executive powers of the city shall be vested 467 solely in the mayor and may be exercised by the mayor either personally or 468 through the city agencies under the general supervision and control of the 469 office of the mayor. The mayor shall cause this charter, laws, ordinances and 470 other orders of the city government to be enforced and shall cause a record 471 of all official acts of the executive branch of the city government to be kept. 472 The mayor shall supervise, direct, and be responsible for the efficient 473 administration of all city activities and functions placed under the control of 474 the mayor by law or by this charter. The mayor or their designee shall have 475 the sole power to sign, seal, execute and deliver in behalf of the city, deeds 476 and leases of land sold or leased by the city, and other deeds, agreements, 477 contracts, leases, indentures and assurances on behalf of the city. 478 479 480 (b) Supervision of City Agencies - The mayor shall exercise general 481 supervision and direction over all city agencies, unless otherwise provided by 482 law or by this charter. Each city agency shall furnish to the mayor any 483 information or materials the mayor may request and as the needs of the 484 office of mayor and the interest of the city may require. The mayor shall be 485 responsible for the efficient and effective coordination of the activities of all 486 city agencies and may call together for consultation, conference and 487 discussion, at reasonable times, all persons serving the city. 488 (c) Multiple Member Bodies - The mayor shall be, by virtue of the office, an 489 ex officio member of every appointed multiple member body of the city. The 490 mayor may, as an ex officio member, attend any meeting of an appointed 491 multiple member body of the city, including executive sessions, to 492 participate in the discussions of that body, provided, however, that they 493

19 mayor shall not have the right to vote. 494 SECTION 3-5: APPOINTMENTS BY THE MAYOR 495 (a) Department Heads - The mayor shall appoint, subject to review by the 496 city council under section 2-8(a), all department heads for whom no other 497 method of appointment or selection is provided by this charter. Department 498 heads serve at the discretion of the mayor subject to the limitations and 499 requirements imposed by federal and state laws, rules, or regulations. 500 (b) City Attorney - The city attorney shall be appointed by the mayor, 501 subject to confirmation review by the city council under section 2-8(a). 502 Whenever the mayor appoints a city attorney ithin 30 days of the beginning 503 of a new mayoral term, the mayor shall submit the name of a person to 504 serve as city attorney for confirmation under section 2-8(a). or 505 reconfirmation in the same manner as a new appointment under section 2- 506 8(a). 507 (c) Multiple Member Bodies - The mayor shall appoint, subject to 508 confirmation by the city council under section 2-8(b), all members of 509 multiple member bodies for whom no other method of appointment or 510 selection is provided by administrative order or General Laws. All members 511 shall serve terms as defined by administrative order or General Laws. 512 (d) Police and Fire Employees Civil Service Employees - The mayor may 513 appoint, subject to council confirmation, members and officers of the police 514 department and fire department subject to requirements of the state’s Civil 515 Service law. 516 (e) City Employees - The method of appointment for all other city employees 517 shall be as prescribed by administrative order. 518 SECTION 3-6: APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER 519 The mayor shall appoint a chief administrative officer to coordinate and 520

20 direct the operations and functions of municipal government. The chief 521 administrative officer shall be appointed by the mayor, subject to review 522 confirmation by the city council under section 2-8(a). The appointee shall be 523 chosen on the basis of appropriate administrative and executive 524 qualifications and shall have a combination of experience, training, or 525 education to perform the duties of the office. Whenever the mayor appoints 526 a chief administrative officer, Within 30 days of the beginning of a new 527 mayoral term, the mayor shall submit the name of a person to serve as a 528 chief administrative officer for confirmation or reconfirmation in the same 529 manner as a new appointment under section 2-8(a). 530 SECTION 3-7: TEMPORARY APPOINTMENTS TO CITY OFFICES 531 Whenever a temporary or permanent vacancy occurs in a city office that is 532 appointed under section 3-5(a), the mayor may designate a person to 533 perform the duties of the office on a temporary basis for up to 1850 days 534 until the position can be filled as provided by law or by this charter. Persons 535 serving as temporary officers under this section shall have only those powers 536 that are indispensable and essential to the performance of the duties of the 537 office during the period of temporary appointment and no others. 538 (a) Filing of a Temporary Appointment - When the mayor designates a 539 person under this section, the mayor shall file a certificate with the city clerk 540 in substantially the following form: 541 “I designate [name of person] to perform the duties of the office of [office 542 in which vacancy exists] on a temporary basis until the office can be filled by 543 [the regular procedure for filling the vacancy or when the incumbent shall 544 return]. I certify that this person is qualified to perform the duties which will 545 be required and that I make this designation solely in the interests of the 546 City of Somerville.” 547 (b) Extension of Temporary Appointments - If an extension of a temporary 548

21 appointment is necessary, the mayor may seek extensions in 960-day 549 increments, which shall be authorized by a majority vote of the city council. 550 If an extension is not approved, the position shall be deemed vacant. 551 SECTION 3-8: TEMPORARY APPOINTMENTS TO MULTIPLE MEMBER BODIES 552 Whenever a temporary or permanent vacancy occurs on a multiple member 553 body that is appointed under section 3-5(b), the mayor may designate a 554 person to perform the duties of the office on a temporary basis for up to 150 555 days until the position can be filled as provided by law or by this charter. If 556 an extension of a temporary appointment is necessary, the mayor may seek 557 extensions in 60-day increments, which shall be authorized by a majority 558 vote of the city council. If an extension is not approved, the position shall be 559 deemed vacant, except on multiple member bodies where the vacancy would 560 prevent a quorum. In that instance, a temporary appointment shall be 561 permitted to remain until a successor is qualified. , provided, however, that 562 the authority of the temporary appointment shall be limited to matters 563 where failure to act by the multiple member body may have adverse 564 consequences to the City. 565 SECTION 3-9: APPROVAL OF MAYOR, VETO 566 Every ordinance or other measure as required by law adopted or passed by 567 the city council, except any matters relating to the internal affairs of the city 568 council, shall be presented to the mayor for approval. If the mayor approves 569 the measure, the mayor shall sign it. If the mayor disapproves the measure, 570 the mayor shall return it to the city council with the specific reason for 571 disapproval attached in writing. The city council shall enter the objections of 572 the mayor on its records and reconsider the measure at itsthe subsequent 573 regular meeting. If the city council, regardless of the disapproval by the 574 mayor, shall again pass the identical measure by affirmative vote of 8 575 members of the city council, it shall then be deemed in force. If the mayor 576

22 has neither signed a measure nor returned it to the city council within 10 577 days following the date it was presented to the mayor, the measure shall be 578 deemed approved and in force. 579 SECTION 3-10: COMMUNICATIONS; SPECIAL MEETINGS 580 (a) Communications to the City Council - The mayor shall, by written 581 communication: 582 (1) recommend to the city council for its consideration measures as 583 the needs of the city require; and 584 (2) keep the city council fully informed of the financial and 585 administrative condition of the city and shall specifically indicate any 586 fiscal, financial, or administrative issues facing the city. 587 (b) Special Meetings of the City Council - The mayor may call a special 588 meeting of the city council for any purpose. Unless the mayor designates an 589 emergency, notice of the meeting shall be delivered by hand or by electronic 590 mail at least 2 business days in advance of the time set and shall specify the 591 date, time and location of the meeting and the purpose for which the 592 meeting is to be held. A copy of the notice shall be posted immediately. 593 SECTION 3-11: TEMPORARY ABSENCE OF THE MAYOR 594 (a) Acting Mayor -– Whenever the mayor is unable to perform the duties of 595 the office, the president of the city council shall be the acting mayor. In the 596 event that the city council president is unable to serve as acting mayor 597 under this section, the city council shall elect a councilor to serve as acting 598 mayor from among its membership. The city council, by the affirmative vote 599 of 8 members, shall determine whether the mayor is unable to perform the 600 duties of the office. Notwithstanding any general or special law to the 601 contrary, the vote shall be taken in public session by a roll call vote. 602 (b) Powers of Acting Mayor -– The acting mayor shall have only those 603

23 powers of the mayor that are indispensable and essential to conduct the 604 business of the city and on which action may not be delayed. The acting 605 mayor shall have no authority to make a permanent appointment or removal 606 from city service unless the absence of the mayor shall extend beyond 60 607 days, nor shall the acting mayor approve or disapprove of any measure 608 adopted by the city council unless the time within which the mayor must act 609 would expire before the return of the mayor. The city council president or 610 another councilor serving as acting mayor shall not vote as a member of the 611 city council. 612 613 614 SECTION 3-12: DELEGATION OF AUTHORITY BY MAYOR 615 The mayor may authorize and subsequently remove authorization from a 616 subordinate officer or employee of the city to exercise or perform a power, 617 function or duty of the office of the mayor, provided, however, that all acts 618 performed under any delegation of authority during the period of 619 authorization shall be and remain the acts of the mayor. Nothing in this 620 section shall be construed to authorize the mayor to delegate the powers 621 and duties of the mayor as a school committee member, the power of 622 appointment to city office or employment, or the authority to sign or return 623 measures approved by the city council unless the provisions of section 3-11 624 apply. 625 SECTION 3-13: FILLING OF PERMANENT VACANCY 626 Whenever a permanent vacancy occurs in the office of mayor by death, 627 removal, resignation, or any other reason, the process for filling of the 628 vacancy shall be determined by the month of the mayoral term in which the 629 vacancy occurs. Following an election to fill a mayoral vacancy, the winning 630

24 candidate shall be sworn to office start immediately following the 631 certification of the vote and serve the remaining unexpired term. 632 (a) If a vacancy occurs within the 6 or fewer months preceding a regular 633 city electionmunicipal election the position shall be filled by vote at such that 634 election. Otherwise, the city council shall call a special election to be held 635 within 90 days following the date of the vacancy. 636 (b) The city council president shall serve as the acting mayor in all cases 637 until the vacancy is filled. In the event that the city council president is 638 unable to serve as the acting mayor under this section, the city council shall 639 elect a councilor to serve as the acting mayor from among its membership. . 640 If the councilor serving as the acting mayor under this section chooses to be 641 a candidate for the office of run for mayor, they shall not be entitled to have 642 the words “candidate for reelection” printed with that councilor’s person’s 643 name on the subsequent election ballot. 644 Any person serving as the mayor under this section shall receive the 645 compensation then in effect for the position of mayor and shall not vote as a 646 member of the city council. 647 Whenever a permanent vacancy occurs in the office of mayor, the process 648 for filling of the vacancy shall be as follows: 649 (a) If a vacancy occurs within the initial 36 months of the term, the city 650 council shall call a special election to be held within 90 days following the 651 date of the vacancy, provided, however, that if the vacancy occurs in a 652 regular municipal election year, the city council may request that the city 653 clerk determine if the election calendar would allow for the filling of the 654 vacancy at the next regular municipal election following such vacancy. Upon 655 receiving the clerk’s determination, the city council may delay the filling of 656 the vacancy until such election notwithstanding that the date of the election 657 may exceed 90 days from the date of the vacancy. The president of the city 658

25 council shall serve as acting mayor until the vacancy is filled. If the city 659 council president is unwilling or unable to serve, the city council shall elect a 660 councilor to serve as the acting mayor from among its membership. The 661 resulting vacancy on the council shall be filled in the manner provided in 662 section 2-12. Any person serving as the mayor under this section shall 663 receive the compensation then in effect for the position of mayor and shall 664 not vote as a member of the city council. The person elected as mayor 665 shall take office immediately upon certification of the vote and serve for the 666 balance of the remaining term. 667 (b) If a vacancy occurs in the final 12 months of the term, the office of 668 mayor shall be filled as provided in (a) above; provided, however that if the 669 councilor serving as the acting mayor under this section chooses to be a 670 candidate for mayor, they shall not be entitled to have the words “candidate 671 for reelection” printed with that councilor’s name on the regular municipal 672 election ballot. The resulting vacancy on the council shall be filled in the 673 manner provided in section 2-12. The person elected as mayor at the 674 regular municipal election shall take office immediately upon certification of 675 the vote and shall serve for the balance of the remaining term as well as the 676 term to which elected. 677 678 ARTICLE 4 679 SCHOOL COMMITTEE 680 SECTION 4-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 681 (a) Composition -– There shall be a school committee consisting of 9 682 members. Seven members shall be nominated and elected by the municipal 683 voters of the city, 1 member elected from each ward. The mayor and the 684 president of the city council shall serve, by virtue of their officeex officio, 685

26 with the same powers and duties as other school committee members, 686 provided, however, that neither shall serve as chair. 687 (b) Term of Office -– The term for the school committee shall be 2 years, 688 beginning on the first business day in January following the municipal 689 election. 690 (c) Eligibility -– Any statewide voter residing in the ward from which election 691 is sought shall be eligible to hold the office of school committee member. If 692 a school committee member removes from the city during the committee 693 member’s term, that office shall immediately be deemed vacant and filled in 694 the manner provided in section 4-6. If a school committee member removes 695 to another ward in the city, the member may continue to serve for the 696 balance of the term to which elected. 697 SECTION 4-2: PROHIBITIONS 698 A member of the school committee elected by ward shall not hold any other 699 compensated city position. A former member of the school committee 700 elected by ward shall not hold any compensated appointed city office or city 701 employment for at least 1 year after termination of their service on the 702 school committee. This section shall not prevent a city officer or other city 703 employee who has vacated a position in order to serve as a member of the 704 school committee elected by ward from returning to the same office or other 705 position of city employment held at the time the position was vacated. 706 SECTION 4-3: COMPENSATION 707 Members of the school committee shall receive compensation for their 708 services as set by ordinance by the city council. An ordinance increasing or 709 reducing authorizing the compensation of the members of the school 710 committee shall not be effective unless: 711 (1) it is adopted by affirmative vote of 8 members of the city council; 712

27 (2) it is adopted prior to the last 6 months of the school committee’s 713 term; and 714 (3) it provides that the compensation increase or reduction is to take 715 effect upon the organization of the city government following the next 716 regular city electionmunicipal election . 717 SECTION 4-4: SCHOOL COMMITTEE RULES AND PROCEDURES 718 The school committee shall determine the procedures for the election of 719 sSchool committee officers and adopt policies and procedures relating to 720 conducting the business of the school committee. shall be determined by the 721 school committee. 722 SECTION 4-5: SCHOOL COMMITTEE POWERS AND DUTIES 723 The school committee shall have all powers which are conferred on school 724 committees by the General Laws and the additional powers and duties 725 provided by this charter, including but not limited to: 726 (1) selecting and removing a superintendent of the schools who shall 727 be charged with the administration of the school system, and 728 appointment of all other personnel as provided by the General Laws; 729 (2) adopting policies for the management of the public school system. 730 making all policies for the management of the public school system 731 and for conducting the business of the school committee as deemed 732 necessary or desirable; 733 (3) adopting and overseeing the administration of an annual operating 734 budget for the school department, subject to appropriation; 735 (4) providing ordinary maintenance of all school buildings and 736 grounds, unless a central municipal maintenance department, which 737 may include maintenance of school buildings and grounds, is 738

28 established; and 739 (5) at least 1 member of the school committee, or a designee of the 740 school committee, shall serve on the agency, board, or committee for 741 the planning or construction of a new, remodeled, or renovated school 742 building. 743 SECTION 4-6: FILLING OF VACANCIES 744 If a vacancy on the school committee occurs with 1 year or more remaining 745 in the term, the city council shall order a special election to fill the vacancy. 746 If a vacancy on the school committee occurs with less than 1 year before the 747 end of the term but more than 120 days before any regular municipal 748 election, the shall appoint a replacement to serve for the remainder of the 749 term from the qualified statewide voters of the ward. The school committee 750 shall post notice of the vacancy and solicitation of nominations and appoint 751 the replacement in accordance with school committee policy. 752 If a vacancy occurs within 120 days of a regular municipal election, the 753 vacancy shall be filled by the regular election and the newly elected school 754 committee member’s term shall begin following the certification of election 755 results. The person elected shall be sworn to office to fill the vacancy for the 756 balance of the unexpired term as well as the term to which elected. The city 757 clerk shall administer the oath of office to them on or before the next 758 meeting of the school committee. 759 If a vacancy occurs in the membership of the school committee whether by 760 failure to elect or otherwise, the president of the city council shall, not more 761 than 30 days after the date on which that vacancy is declared to exist, call a 762 joint meeting of the city council and the school committee to act to fill the 763 vacancy. At the joint meeting, a majority of those present and voting shall 764 fill the vacancy for the remainder of the unexpired term by choosing the 765 defeated candidate for the seat at the last regular city election; If there was 766

29 no other candidate for the office, the city council and the school committee 767 shall at their discretion choose an individual, from among the voters entitled 768 to vote for that office for the remainder of the unexpired term. A person so 769 chosen shall take the oath of office and commence to serve forthwith. No 770 vacancy shall be filled in the manner provided in this section if a regular city 771 election is to be held not more than 180 days after the date the vacancy is 772 declared to exist. In an election being held to elect a candidate to a seat that 773 is vacant at the time of the election, the candidate deemed the winner of the 774 election to that seat shall be sworn in to serve the remainder of the term 775 previously vacated at the first regularly scheduled school committee meeting 776 after the date the election results are officially certified. 777 ARTICLE 5 778 ADMINISTRATIVE ORGANIZATION 779 SECTION 5-1: ORGANIZATION OF CITY AGENCIES 780 The organization of the city into agencies to provide services and administer 781 the government may be accomplished only through an administrative order 782 submitted to the city council by the mayor. An administrative order may not 783 originate with the city council. The mayor may, subject only to express 784 prohibitions of General Laws or this charter, propose administrative orders to 785 establish a new agency, reorganize, consolidate or abolish any agency, in 786 whole or in part, as is deemed necessary to conduct the business of the city 787 in an orderly, efficient or convenient manner. The mayor may also propose 788 administrative orders to establish terms of office and prescribe the functions 789 and administrative procedures to be followed by all agencies. 790 These proposed administrative orders shall be accompanied by a message 791 from the mayor which explains he expected benefits and advises the city 792 council if an administrative order shall require amendments, insertions, 793 revisions, repeal, or otherwise of existing ordinances. Whenever the mayor 794

30 proposes an administrative order, the city council shall hold 1 or more public 795 hearings on the proposal and post notice. 796 An organization or reorganization plan shall become effective at the 797 expiration of 60 days from filing, unless the city council has disapproved the 798 plan by majority vote prior to that date; provided, however, that if no 799 regular city council meeting is held within the subsequent 60 days of the first 800 regular meeting after the filing of an organization or reorganization plan, the 801 city council shall instead have 60 days from the second regular meeting. The 802 city council may vote only to approve or to disapprove the plan and may not 803 vote to amend or to alter it. 804 SECTION 5-2: QUALIFICATIONS FOR APPOINTMENTS AND PROMOTIONS 805 All appointments and promotions of city officers and other city employees 806 shall be made on the basis of fitness demonstrated by examination, past 807 performance, or by other evidence of competence and suitability. Each 808 person appointed to fill an office or position shall be a person who has the 809 experience, training, or education to perform the duties of the office or 810 position. 811 SECTION 5-3: COMPENSATION OF CITY EMPLOYEES 812 The mayor and city council shall provide for a review to be made of all 813 municipal employee compensation at 5-year intervals to examine whether 814 compensation reflects principles of equity and to the greatest extent possible 815 is sufficient for municipal employees to live in the city. This review shall be 816 made by a special committee to be established by ordinance, and the initial 817 review shall be implemented as provided in section 9-7(b). The special 818 committee shall receive a budget sufficient to hire qualified consultants and 819 any other resources necessary to undertake a thorough review. The special 820 committee shall file its report with the city clerk on a date specified by 821 ordinance. This report shall include an analysis of the current pay and 822

31 compensation structure with recommendations for adjustments to that 823 structure, taking into consideration the city’s current and expected financial 824 situation and the impact of the recommendations on the budget. The review 825 of compensation shall be under the supervision of the chief administrative 826 officer. 827 ARTICLE 6 828 FINANCIAL PROCEDURES 829 SECTION 6-1: FISCAL YEAR 830 The fiscal year of the city shall begin on July 1 and end on June 30, unless 831 another period is required by the General Laws. 832 SECTION 6-2: COMMUNITY AND COUNCIL BUDGET INPUT 833 The city council shall hold a community budget hearing on or before 834 February 15 of each year in order to solicit public input regarding budget 835 priorities. The city council shall post notice of the community budget hearing 836 14 days in advance of the hearing. The mayor shall, at the first regular 837 meeting of the city council of each year, solicit budget priorities from all city 838 councilors. 839 SECTION 6-3: ANNUAL BUDGET MEETING 840 On or before March November 1 of each year, the mayor shall call a joint 841 meeting of the city council and school committee, including the 842 superintendent of schools, to review the financial condition of the city, 843 revenue and expenditure forecasts for at least 3 years and other relevant 844 information prepared by the mayor in order to develop a coordinated 845 budget. 846 SECTION 6-4: SUBMISSION OF OPERATING BUDGET; BUDGET MESSAGE 847 On or about May 3015, the mayor shall submit to the city council a proposed 848 operating budget for all city agencies for the next fiscal year. The proposed 849

32 operating budget shall include the school budget, as adopted by the school 850 committee, which shall be submitted to the mayor on or about May 15. The 851 proposed operating budget shall be accompanied by a budget message and 852 supporting documents. The budget message shall explain the operating 853 budget in fiscal terms and in terms of work programs for all city agencies. It 854 shall outline the proposed fiscal policies of the city for the next fiscal year, 855 describe important features of the proposed operating budget and include 856 any major variations from the current operating budget, fiscal policies, 857 revenues and expenditures together with reasons for these changes. The 858 proposed operating budget shall provide a complete fiscal plan of all city 859 funds and activities and shall be in the form the mayor deems desirable, 860 provided, however, that the budget proposals relative to elected officials 861 shall identify the cost of compensation and the cost of benefits for such 862 those officials. The mayor and the superintendent of schools shall coordinate 863 the dates and times of the school committee's budget process under the 864 General Laws. 865 SECTION 6-5: ACTION ON THE OPERATING BUDGET 866 (a) Public Hearing - The city council shall post a notice of the proposed 867 operating budget as submitted by the mayor. The notice shall state: (1) the 868 times and places where copies of the entire proposed operating budget are 869 available for inspection by the public; and (2) the date, time and place when 870 a public hearing on the proposed operating budget shall be held by the city 871 council, at least 7 days after posting of the notice. The city council shall not 872 act on the budget until after the public hearing has occurred. 873 (b) Adoption of the Budget - The city council shall adopt the proposed 874 operating budget, which may have amendments, before the end of the fiscal 875 year. In amending the proposed operating budget, the city council may 876 delete or decrease amounts except expenditures required by law, provided, 877

33 however, that the city council shall not increase any specific item or the total 878 of the proposed operating budget except on the recommendation of the 879 mayor or unless otherwise authorized by the General Laws. If the city 880 council fails to act on an item in the proposed operating budget prior to the 881 beginning of the fiscal year, that amount shall, without any action by the city 882 council, become a part of the appropriations for the year and be available for 883 the purposes specified. 884 (c) Availability of the Operating Budget -– In addition to any other posting 885 requirements, immediately after the submission of the proposed budget to 886 the city council, the mayor or their designee shall post the entire budget 887 document on the city website, where it shall remain posted during the city 888 council review process contained in this article. After the enactment of the 889 budget the mayor or their designee shall post the final budget on the city 890 website where it shall remain throughout the fiscal year for which it is in 891 effect. The final budget shall reflect any amendments made by the city 892 council and approved by the mayor and shall indicate that it is the final 893 budget. 894 SECTION 6-6: CAPITAL IMPROVEMENT PROGRAM 895 (a) Submission - The mayor shall submit a capital improvement program to 896 the city council on or about October November 115 of each year. The mayor 897 shall annually revise the information regarding the capital improvements still 898 pending or in the process of being acquired, improved, or constructed. 899 The capital improvement program shall include: 900 (1) a general summary of its contents; 901 (2) a list of all capital improvements proposed to be undertaken 902 during the next 5 years, with supporting information as to the need for 903 each capital improvement; 904

34 (3) cost estimates, methods of financing, and recommended time 905 schedules for each improvement; and 906 (4) the estimated annual cost of operating and maintaining each 907 facility and piece of major equipment involved. 908 (b) Public Hearing - The city council shall post a notice stating: 909 (1) the times and places where entire copies of the capital 910 improvements program are available for the public; and, 911 (2) the date, time, and place of a public hearing on the plan to be held 912 by the city council between 14 and 21 at least 14 days after posting of 913 the notice. 914 (c) Adoption -– Following the public hearing, but not later than December 1, 915 the city council may shall by resolution adopt or reject the capital 916 improvements program. The Mayor may amend The the adopted program 917 may be amended, provided that each amendment shall be voted on 918 separately, and that an increase in the capital improvements program as 919 submitted shall clearly identify the method of financing to accomplish the 920 proposed increase. 921 SECTION 6-7: INDEPENDENT AUDIT 922 The city council shall annually provide for an outside audit of the books and 923 accounts of the city to be conducted by a certified public accountant or a 924 firm of certified public accountants, which has no personal interest, direct or 925 indirect, in the fiscal affairs of the city or any of its officers. The mayor shall 926 annually provide to the city council a sum of money sufficient to satisfy the 927 estimated cost of conducting the audit as presented to the mayor, in writing, 928 by the city council to be included in its proposed operating budget 929 submission to the mayor. The award of a contract to audit shall be made by 930 the city council on or before September 15 of each year. The report of the 931

35 audit shall be filed with the city council not later than March 1 in the year 932 following its award. At least every 5 years, the city council shall conduct a 933 competitive procurement process to retain these auditing services. 934 Section 6-7: The mayor shall annually provide for an outside audit of the 935 books and accounts of the city in the form of an Annual Comprehensive 936 Financial Report to be conducted by a certified public accountant or a firm of 937 certified public accountants, which has no personal interest, direct or 938 indirect, in the fiscal affairs of the city or any of its officers. The award of a 939 contract to audit shall be made by the mayor on or before September 15 of 940 each year. The report of the audit and all accompanying documents, 941 including a management letter so-called shall be filed in final form with the 942 city council no later than March 1 in the year following its award. The 943 certified public accountant or firm of certified public accountants shall make 944 a presentation to the city council as soon as practicable after said March 1 945 but no later than May 31 of each year. At least every 3 years, the mayor 946 shall conduct a procurement process using sound business practices to 947 retain these services. 948 SECTION 6-8: EXPENDITURES IN EXCESS OF APPROPRIATIONS 949 Except as otherwise provided by law, an official of the city shall not 950 knowingly or intentionally expend in a fiscal year sums in excess of the 951 appropriations, awards, grants or gifts duly made in accordance with law or 952 involve the city in any contract for the future payment of money in excess of 953 these appropriations, awards, grants or gifts. It is the intention of this 954 section that section 31 of chapter 44 of the General Laws shall be strictly 955 enforced. Any official who violates this section shall be personally liable to 956 the city for any amounts so expended to the extent that the city does not 957 recover these amounts from the person to whom the sums were paid. 958 ARTICLE 7 959

36 ELECTIONS 960 SECTION 7-1: ELIGIBILITY TO VOTE IN MUNICIPAL ELECTIONS 961 In addition to individuals eligible to vote pursuant to the General Laws the 962 following individuals may, upon application, have their names entered on a 963 list of municipal voters established by the board of election commissioners 964 for the city and may thereafter vote in any election for municipal offices and 965 municipal ballot questions in accordance with this charter. 966 (1) Any non-citizen residing in the city, who is ineligible to vote due to 967 citizenship status under federal or state law, rule, or regulation, but who is 968 otherwise eligible to vote; and state law, rule, or regulation, but who is 969 otherwise eligible to vote; and 970 (2) Any 16- and 17-year old residing in the city, who is ineligible to vote 971 due to age under federal or state law, rule, or regulation but who is 972 otherwise eligible to vote. 973 These municipal voters shall remain eligible to vote in any election for 974 municipal offices and municipal ballot questions is the city for so long as 975 they remain domiciled therein. 976 SECTION 7-2: PRELIMINARY ELECTIONS 977 A preliminary election to nominate candidates for mayor, councilors at-large, 978 ward councilors, and school committee members shall be held on the third 979 Tuesday in September in each odd-numbered year in which the candidates 980 are to be elected. The city clerk may, with the approval of the city council, 981 reschedule the preliminary election to the fourth Tuesday in September to 982 avoid a conflict with any civil or religious holiday. Whenever a special 983 election to fill a vacancy is to be held, a preliminary election shall be 984 conducted, if necessary, 28 days before the date established for the special 985 election. A preliminary election to fill a vacancy in the office of ward 986

37 councilor or school committee member shall be held only in the ward where 987 there is a vacancy. 988 SECTION 7-3: PRELIMINARY ELECTION PROCEDURES 989 (a) Signature Requirements - The number of signatures of municipal voters 990 required to place the name of a candidate on the official ballot to be used at 991 a preliminary election shall be as follows: 992 (1) Mayor - at least 250 certified signatures; 993 (2) At-Large City Councilor - at least 100 certified signatures; 994 (3) Ward City Councilor - at least 50 certified signatures, all of which 995 shall be certified as being from the ward from which election is 996 sought; and 997 (4) School Committee Member -– at least 50 certified signatures, all of 998 which shall be certified as being from the ward from which election is 999 sought. 1000 (b) Forms - Signatures of municipal voters shall be made on a form 1001 prescribed by the board of election commissioners and shall be made 1002 available not earlier than April 2 in each city election municipal election 1003 year. The forms shall be submitted to the board of election commissioners 1004 for certification of the names on or before the fourteenth day preceding the 1005 date fixed for submission to the city clerk. The forms shall be submitted to 1006 the city clerk on or before 5:00 p.m. on the forty-fifth day prior to the 1007 declared date of the preliminary election. An individual may appear on the 1008 ballot for only 1 office at any preliminary, regular or special city election 1009 municipal election. 1010 (c) Ballot Position - The order in which names of candidates for each office 1011 appear on the ballot shall be determined by a drawing conducted by the city 1012 clerk at least 40 days before the preliminary election. The drawing shall be 1013

38 open to the public. 1014 (d) Determination of Candidates: – 1015 (1) Offices of Mayor, Ward Councilor, and School Committee -– the 1016 two candidates who receive the highest number of votes for 1017 nomination to each office at the preliminary election shall, except as 1018 provided by paragraph 7-3(d)(3), be the candidates for that office. The 1019 candidates’ names shall be printed on the official ballot to be used at 1020 the regular or special city election municipal election at which the 1021 office is to be voted upon and an acceptance of a nomination shall not 1022 be necessary to its validity. 1023 (2) Offices of City Councilor At-Large - the 8 people who receive the 1024 highest number of votes for nomination to the office shall, except as 1025 provided by section 7-3(e), be the candidates for the office. The 1026 candidates’ names shall be printed on the official ballot to be used at 1027 the regular or special city electionmunicipal election at which the office 1028 is to be voted upon and an acceptance of a nomination shall not be 1029 necessary to its validity. 1030 (3) Tied Preliminary Results; Tied Vote - If there is a tie among 1031 candidates for the last available ballot position for any given elected 1032 office, then all candidates receiving the same number of votes for the 1033 office shall be printed on the regular municipal general election ballot, 1034 notwithstanding any other provisions in this charter specifying the 1035 number of candidates to be printed on the election ballot. 1036 (e) Condition Making Preliminary Unnecessary - If the time for filing 1037 statements of candidates to be on the ballot for any preliminary election has 1038 expired, and the number of statements filed with the city clerk for an office 1039 is not more than 2 for the office of mayor, any ward councilor or ward school 1040 committee member, and or 8 for the office of any city councilor at-large, the 1041

39 candidates whose statements have been filed shall be deemed nominated to 1042 that office. Those candidates shall be voted on for the office at the regular or 1043 special municipal city election election. The city clerk shall not print those 1044 names on the ballot to be used at the preliminary election and another 1045 nomination to the office shall not be made, and a preliminary election shall 1046 not be held for the office or offices. 1047 SECTION 7-4: REGULAR MUNICIPAL CITY ELECTION ELECTION 1048 The regular municipal city election election shall be held on the Tuesday 1049 following the first Monday in November in each odd-numbered year. 1050 SECTION 7-5: BALLOT POSITION, REGULAR MUNICIPAL CITY ELECTION 1051 The order in which names of candidates for each office appear on the ballot 1052 shall be determined by a drawing conducted by the city clerk not later than 7 1053 days after the certification of the preliminary election results. If there is no 1054 preliminary election in advance of the regular municipal city election or a 1055 special election, the drawing shall be conducted on the Tuesday 6 weeks 1056 prior to the election. The drawing shall be open to the public. 1057 SECTION 7-6: NON-PARTISAN ELECTIONS 1058 All elections for city offices shall be non-partisan and election ballots shall be 1059 printed without any party mark, emblem or other political designation. 1060 SECTION 7-7: WARDS 1061 The territory of the city shall be divided into 7 wards by the city clerk to 1062 consist of as nearly an equal number of inhabitants as it is possible to 1063 achieve, based on compact and contiguous territory, bounded as far as 1064 possible by the center line of known streets or ways or by other well-defined 1065 limits. Each ward shall be composed of voting precincts established under 1066 the General Laws. The city council shall review these wards to ensure 1067 uniformity in the number of inhabitants at least once every 10 years. 1068

40 SECTION 7-8: APPLICATION OF STATE GENERAL LAWS 1069 Except as otherwise expressly provided in this charter and authorized by 1070 law, all city electionmunicipal elections shall be governed by the General 1071 Laws relating to the right to vote, the registration of voters, the nomination 1072 of candidates, voting places, the conduct of preliminary, regular and special 1073 city election municipal elections, the submission of charters, charter 1074 amendments and other propositions to the voters, the counting of votes, the 1075 recounting of votes, and the determination of results. 1076 ARTICLE 8 1077 GENERAL PROVISIONS 1078 SECTION 8-1: CHARTER CHANGES 1079 This charter may be replaced, revised or amended in accordance with the 1080 state constitution or the General Laws. 1081 SECTION 8-2: SPECIFIC PROVISION TO PREVAIL 1082 To the extent that a specific provision of theis charter conflicts with any 1083 provision expressed in general terms, the specific provision of theis charter 1084 shall prevail. 1085 SECTION 8-3: RULES AND REGULATIONS 1086 A copy of all rules and regulations adopted by a city agency shall be posted 1087 to the city website. Unless an emergency exists, as determined by the 1088 mayor, a rule or regulation adopted by a city agency shall not become 1089 effective until at least 5 days following the date it is posted. This section 1090 shall not apply to internal operating protocols and policies enacted by city 1091 departments. 1092 SECTION 8-4: PERIODIC REVIEW OF CHARTER 1093

41 The mayor and city council shall provide for a review to be made of the city 1094 charter at least once every 10 years to determine the need, if any, for 1095 changes and prepare recommendations addressing any proposed such 1096 changes. The manner of the review shall be established by ordinance and 1097 incorporate opportunities for community input. The report of the committee 1098 and accompanying recommendations, if any, shall be filed with the city clerk 1099 on a date specified by ordinance. 1100 SECTION 8-5: PERIODIC REVIEW OF ORDINANCES 1101 The mayor and city council shall provide for a review to be made of some or 1102 all of the city ordinances at least once every 10 years to determine the need 1103 for amendments, if any. Such review shall be scheduled to follow the charter 1104 review as provided in section. 8-4 of the charter by at least 1 yearlyear. The 1105 manner of the review shall be established by ordinance. The review of city 1106 ordinances shall be under the supervision of the city solicitor and incorporate 1107 opportunities for community input. The recommendations shall be filed with 1108 the city clerk on a date specified by ordinance. 1109 SECTION 8-6: PERIODIC REVIEW OF MULTIPLE MEMBER BODIES 1110 The mayor and the city council shall provide for a review to be made of all 1111 multiple member bodies at least once every 10 years, provided however that 1112 such bodies as are required in cities by the General Laws, established by a 1113 special act of the legislature at the city’s request or established by the city’s 1114 acceptance of one or more state enabling laws at least 10 years prior to the 1115 adoption of the charter shall not be included in such review. . This review 1116 shall be made by a special committee whose membership and term shall be 1117 determined by ordinance, and the initial review shall be implemented as 1118 provided in section 9-7(d). The special committee shall file its report with 1119 the city clerk on a date specified by ordinance. The committee’s report 1120 should include an assessment of the function and relevance of all multiple 1121

42 member bodies included in the review, and may include recommendations to 1122 combine, dissolve or create multiple member bodies to address redundancies 1123 or emergingnew concerns of the city. Recommendations shall not conflict 1124 with multiple member bodies required by the General Laws. 1125 SECTION 8-7: UNIFORM PROCEDURES GOVERNING MULTIPLE MEMBER 1126 BODIES 1127 Open meeting law and procedures in the General Laws shall apply to the 1128 proceedings of multiple member bodies, and shall include including the 1129 following: 1130 (1) Officers -– All appointed multiple member bodies shall elect a 1131 chair, a vice-chair and any other officer it deems necessary. 1132 (2) Meetings - All appointed multiple member bodies of the city shall 1133 meet regularly at the times and places that the multiple member body, 1134 by the body’s own rules, prescribe. Special meetings of any multiple 1135 member body shall be held at the call of the chair or by a majority of 1136 the members of the body. Notice of the meeting shall be posted as 1137 required by law. Except as may otherwise be authorized by law, all 1138 meetings of all multiple member bodies shall, at all times, be open to 1139 the public. 1140 (3) Meeting Documents and Submissions - Each appointed multiple 1141 member body shall determine its own rules and order of business. 1142 Each multiple member body shall provide for the keeping of agendas, 1143 minutes and related submissions of its proceedings. All documents 1144 shall be a public record and certified copies shall be placed on file in 1145 the office of the city clerk within a reasonable period from the date of 1146 approval. 1147 (4) Voting - If requested by any member, a vote of an appointed 1148

43 multiple member body shall be taken by a roll call vote and the vote of 1149 each member shall be recorded in the minutes, provided, however, 1150 that if the vote is unanimous only that fact need be recorded. Unless 1151 some other provision is made by the multiple member body's own 1152 rules while a quorum is present, except on procedural matters, any 1153 action on a matter representing an exercise of the powers of the 1154 multiple member body shall require a majority vote. General Laws 1155 related to a vote to meet in executive session shall always require a 1156 majority of members of the body. 1157 SECTION 8-8: REFERENCES TO GENERAL LAWS 1158 All references to General Laws contained in the is charter refer to the 1159 Massachusetts General Laws and are intended to refer to and to include any 1160 amendments or revisions to chapters or sections or to the corresponding 1161 chapters and sections of any rearrangement, revision or recodification of 1162 statutes enacted or adopted subsequent to the adoption of this charter. 1163 SECTION 8-9: COMPUTATION OF TIME 1164 In computing time under this charter, the day of the act or event after which 1165 the designated time period begins to run shall not be included. The last day 1166 of the period shall be included, unless it is a Saturday, Sunday or legal 1167 holiday, in which event the period shall be extended to the next business 1168 day. 1169 SECTION 8-10: OATHS OR AFFIRMATIONS 1170 (a) Officials Elected in Regular Municipal Elections - On the first business 1171 day in January of each even-numbered year, the city council members-elect, 1172 the school committee members-elect and the mayor-elect, shall meet and 1173 take an oath or affirmation to faithfully discharge the duties of their office. 1174 The oath or affirmation shall be administered by the city clerk, the assistant 1175

44 city clerk, a judge of a court of record or by a justice of the peace. Each 1176 official taking the oath or affirmation shall also sign a written version, which 1177 shall be kept in a bound book maintained by the city clerk. If the mayor- 1178 elect or any member-elect of the city council or school committee is absent 1179 on the day the oath is administered, the oath or affirmation shallmay be 1180 administered at any time within 10 days of the first business day of January, 1181 unless circumstances beyond the control of the officer-elect prevent such 1182 action, but in no instance shall the time period to be sworn to office extend 1183 beyond 30 days from the first business day of January. 1184 after to that person 1185 1186 (b) Other Elected Officials and Appointed Positions - Except as otherwise 1187 provided by law, every person who is elected or appointed to an office or as 1188 a member of a multiple member body shall take an oath or affirmation 1189 before performing any act under this election or appointment. A record of 1190 this oath or affirmation shall be kept by the city clerk. 1191 SECTION 8-11: LIMITATION ON OFFICE HOLDING 1192 Unless otherwise allowed by law or this charter, a person shall not 1193 simultaneously hold more than 1 office or position of employment with the 1194 city. This section may be waived by the mayor by filing a notice of the 1195 waiver with an explanation and justification with the city clerk. 1196 1197 SECTION 8-12: FELONY CONVICTION 1198 An elected official who has been convicted of a state or federal felony while 1199 holding office shall be deemed to have vacated the office. 1200 SECTION 8-13: ENFORCEMENT OF CHARTER PROVISIONS 1201

45 It shall be the duty of the mayor to see that theis charter is faithfully 1202 followed and complied with by all city agencies and employees. Whenever it 1203 appears to the mayor that a city agency or employee is not following theis 1204 charter, the mayor shall, in writing, cause notice to be given to that agency 1205 or employee directing compliance with this charter. Whenever it appears to 1206 the city council that the mayor is not following this charter, the city council 1207 shall, by resolution, direct the attention of the mayor to those areas in which 1208 it believes there is a failure to comply with theis charter. The procedures 1209 made available in chapter 231A of the General Laws may be used to 1210 determine the rights, duties, or other legal relations arising under theis 1211 charter, including any question of construction or validity which may be 1212 involved in that determination. 1213 ARTICLE 9 1214 TRANSITION PROVISIONS 1215 SECTION 9-1: CONTINUATION OF EXISTING LAWS 1216 (a) All General Laws, special laws, city ordinances, city council votes, rules 1217 and regulations of or pertaining to the city that are in force when this charter 1218 takes effect, and not specifically or by implication repealed by this charter, 1219 shall continue in full force and effect until amended or repealed, or rescinded 1220 by due course of law, or until they expire by their own limitation. In any case 1221 in which the provisions of theis charter are found to be inconsistent with the 1222 provisions of any general or special law that would otherwise be applicable, 1223 the provisions of theis charter shall prevail. 1224 (b) Except as otherwise provided in the charter, the city shall not be subject 1225 to provisions of chapter 31 of the General Laws. Uniform positions within the 1226 police department and the fire department below the rank of chief of 1227 department shall continue to be subject to said chapter 31. The position of 1228 chief of the fire department shall be removed from coverage under said 1229

46 chapter thirty-one; provided, however, that the incumbent fire chief shall 1230 retain civil service status. Tenured civil service employees of the city shall 1231 continue to be subject to the provisions of said chapter 31 in the 1232 classification held at the time of the effective date of the charter. 1233 SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION 1234 All city agencies and city officials shall continue to perform their duties until 1235 reappointed, until successors to their respective positions are appointed or 1236 until their duties have been transferred and assumed by another city 1237 agency. All officers and department heads previously appointed and/or 1238 appointed and confirmed at the time this Charter takes effect shall not be 1239 required to be re-appointed or re-appointed and confirmed, unless otherwise 1240 provided by this Charter. 1241 SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY 1242 All records and property of any city agency, or part thereof, the powers and 1243 duties of which are assigned in whole or in part to another city agency, shall 1244 be transferred forthwith to that agency. 1245 SECTION 9-4: CONTINUATION OF PERSONNEL 1246 All city office holders and employees shall retain the office, position or 1247 employment they hold, and shall continue to perform the duties of the office, 1248 position or employment until their employment or position is otherwise 1249 terminated or other provisions are made. A person in full-time service of the 1250 city shall not forfeit accrued time in service of the city as a result of adoption 1251 of theis charter. 1252 SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC. 1253 All official bonds, recognizances, obligations, contracts and other 1254 instruments entered into or executed by, with, or on the behalf of the city 1255 before the adoption of theis charter, shall continue to be obligations of the 1256

47 city; and all taxes, assessments, fines, penalties and forfeitures, incurred or 1257 imposed, due or owing to the city, shall be enforced and collected; and all 1258 writs, prosecutions, actions and causes of action, except as herein otherwise 1259 provided, shall continue without abatement and remain unaffected by theis 1260 charter; and any legal act done by or in favor of the city shall not be 1261 rendered invalid by reason of the adoption of theis charter. 1262 SECTION 9-6: DISPOSITION OF CERTAIN SPECIAL ACTS 1263 (a) Certain Special Acts Recognized and Retained - The following special acts 1264 are hereby especially recognized and retained: [TO BE ADDED BY THE CITY 1265 COUNCIL] 1266 SECTION 9-6: DISPOSITION OF CERTAIN SPECIAL ACTS 1267 (a) Certain Special Acts repealed: 1268 The following special acts are hereby repealed: St.1899, c. 240, establishing 1269 a charter for the city of Somerville; provided, however, that section 38 1270 establishing the composition and term of the board of health, section 39 1271 establishing the composition and term of the board of library trustees, and 1272 section 43 requiring that the purchasing agent make all city purchases, shall 1273 remain in effect until such time as the city acts under Article 5 of the charter 1274 to enact one or more administrative orders; St. 1982, c. 656 authorizing the 1275 mayor and council salaries to be set by ordinance; St. 1989, c. 355, 1276 establishing a 3 year term for the city clerk;, St. 2014, c. 90, filling a 1277 vacancy in the office of mayor; St. 2018, c. 355, replacing the words “board 1278 of aldermen” and “alderman”, with the words “city council” and “councilor”, 1279 replacing the words “alderman at-large” with the words “councilor at-large”, 1280 and replacing the words “aldermen-elect” with the words “council-elect”, and 1281 St. 2022, c. 312, making c. 240 of 1899 gender neutral. 1282 (b) Certain Special Acts Recognized and Retained -: The following special 1283

48 acts are hereby especially recognized and retained: 1284 The following special acts, including those which amended Chapter 240 of 1285 the Acts of 1899, relating to the organization of the city's government, are 1286 recognized and retained as follows, notwithstanding any reference to said c. 1287 240: St. 1923, c.191, St. 1939, c.190, and St. 2018, c.410 relating to the 1288 Licensing Commission; St. 1928, c. 41 and c. 81, St. 2021, c. 63 relating to 1289 the Board of Appeals; St. 1928, c. 82, St. 2018, c. 410, and St. 2012, c. 400 1290 relating to the Board of Election Commissioners; St. 1934, c. 294 relating to 1291 the Auditor, St. 1934, c. 295 relating to the Treasurer; St. 1953, c. 653, St. 1292 1988, c. 94, ss. 40, 40A, B, C, and D, St. 2004, c. 317, and St. 2008, c.112 1293 relating to the Department of Public Works; St. 1977, c. 644 relating to the 1294 School Committee; St. 1985, c. 23, and St. 2012, c. 400 relating to the 1295 Board of Assessors; St. 1991, c. 390 relating to the Disabilities Commission; 1296 St. 2008, c. 106 establishing the Municipal Hearing Officer; St. 2012, c. 381, 1297 and St. 2016, c. 142 relating to the Alcoholic Beverages Commission; St. 1298 2018, c. 364 relating to the Redevelopment Authority; St. 1978, c.297, St. 1299 2012, c.312. and St. 2012, c. 400 relating to the Traffic Commission; and 1300 ss. 1-10, 26, 50, 43, 47, 48, 49, 50, 56, 57, 58, 59 and 60 of c. 400 of the 1301 Acts of 2012 until such time as the city acts under Article 5 of this charter to 1302 adopt one or more administrative orders. 1303 SECTION 9-7: TIME OF TAKING EFFECT 1304 (a) The provisions of s. 3-6 of the charter relating to the appointment of the 1305 Chief Administrative Officer shall take effect following the regular municipal 1306 election in 2025. [TO BE ADDED BY THE CITY COUNCIL] 1307 1308 (b) The provisions of Article 7 relative to municipal elections shall be in 1309 effect for the preliminary and regular municipal elections to be held in 2025. 1310

49 (c) The provision of Article 6 relating to the operating budget, the capital 1311 plan, and the municipal audit shall take effect for the fiscal year beginning 1312 July 1, 2026 (FY 2027)in FY 2026. 1313 (d) Creation oOf Public Financing oOf Campaigns Committee 1314 1315 Within 6 months of the adoption of theis charter, the city council shall create 1316 a public financing of campaigns committee to study public financing 1317 mechanisms and prepare recommendations with the goal of making running 1318 for office in the city more accessible to potential candidates. The directive of 1319 this study committee is to consider a full range of options as practicable, 1320 provide analysis on the potential benefits and barriers of each option, and 1321 consider which should be recommended to the city council for its 1322 consideration.are the best fit for the cityIf the city council has already taken 1323 action consistent with this provision, no action is necessary. 1324 The committee shall consist of 9 members: 1 shall be the chair of the board 1325 of elections commissioners or their designee, 1 shall be the city council 1326 president or their designee, 1 shall be the chair of the school committee or 1327 their designee, 2 shall be community members city residents appointed by 1328 the city council, 2 shall be community memberscity residents appointed by 1329 the school committee, 2 shall be community memberscity residents 1330 appointed by the mayor. The committee shall elect a chair and establish the 1331 schedule of its meetings. The committee shall issue recommendations to the 1332 city council within 12 months of the appointment of all of the members. 1333 creation. The city council shall take action on the recommendations within 1334 90 days of receipt. If the city council has already taken action consistent 1335 with this provision, no action is necessary. 1336 (efc) Creation oOf Ranked Choice Voting Implementation Committee 1337

50 Within 6 months of the adoption passingof theis charter, the city council 1338 shall create a ranked choice voting committee to propose a measure to 1339 adopt ranked-choice voting and submit a report on ranked-choice voting in 1340 the city. A voting method shall be considered ranked choice voting if the 1341 municipal voter ranks candidates in order of preference. The committee’s 1342 report shall include: 1343 (1) the elected offices to be selected by this voting method; 1344 (2) a timeframe and strategy for implementation; 1345 (3) infrastructure and equipment requirements; 1346 (4) a cost analysis; 1347 (5) a comparative analysis of other voting methods; 1348 (6) an analysis of potential equity concerns; and 1349 (7) a community education plan. 1350 If the city council has already taken action consistent with this provision, no 1351 action is necessary. The goal of this committee is to implement ranked 1352 choice voting in order to more accurately reflect the will of the voters, 1353 increase the number and diversity of candidates, lower barriers to candidate 1354 participation and increase transparency of elections. 1355 The committee shall consist of 9 members: 1 shall be the chair of the board 1356 of elections commissioners or their designee, 1 shall be the city council 1357 president or their designee, 1 shall be the chair of the school committee or 1358 their designee, 2 shall be community memberscity residents appointed by 1359 the city council, 2 shall be community memberscity residents appointed by 1360 the school committee, 2 shall be community memberscity residents 1361 appointed by the mayor. The committee shall elect a Chair and establish the 1362 schedule of its meetings. The committee shall propose a measure to the city 1363

51 council within 18 months of the appointment of its full membership. The city 1364 council shall take action on the measure within 90 days of receipt. 1365 (fgd) Initial Periodic Review Ofof Multiple Member Bodies 1366 The mayor and the city council shall convene the first periodic review of 1367 multiple member bodies committee, pursuant to section 8-6, within 6 1368 months of the adoption passing of theis charter. The committee’s report 1369 should include: 1370 (1) an assessment of the functions and relevancies of the city’s current 1371 multiple member bodies; 1372 (2) a review of activities of multiple member bodies from recent years; 1373 (3) the ability of the city to fill appointments to the body; and 1374 (4) recommendations for combining, terminating, removing or or 1375 establishing adding new multiple member bodies. If the city council 1376 has already taken action consistent with this provision, no action is 1377 necessary. 1378 The committee shall consist of at least 58 members: 1 shall be the mayor or 1379 their designee, 1 shall be the city council president or their designee, 1 shall 1380 be the city clerk 1 shall be the chair of the school committee or their 1381 designee, 1 shall be a member of the charter review committee established 1382 in 202?, 1 shall be a resident community member appointed by the mayor, 1 1383 shall be a resident community member appointed by the city council. 1384 The committee shall elect a chair and establish the schedule of its meetings. 1385 The committee shall be provided with an initial budget of at least $25,000 1386 for its expenses, including hiring of consultants as required to assist with the 1387 examination and analysis. 1388 The committee shall submit a report to the city council and they shall 1389

52 respond to and vote on the recommendations within 90 days of receipt. 1390 (gh) Within 120 days of the effective date of this act, the city council shall 1391 consider the acceptance of section 91 of chapter 41 of the general laws. 1392 SECTION 2. The city clerk shall cause the following question to be place on 1393 the official ballot to be used in the city of Somerville at the regular municipal 1394 election to be held on November 4, 2025: Shall the city adopt Chapter XXX 1395 of the Acts of 2024 that provides a special act charter for the city of 1396 Somerville? The city attorney shall prepare the summary of the proposed 1397 special act charter which shall appear on the ballot along with the question 1398 provided in this section and the city attorney shall submit the question and 1399 summary to the city clerk in accordance with section 42C of chapter 54 of 1400 the General Laws. 1401 1402 SECTION 3. Section 1 shall take effect upon acceptance by a majority of the 1403 voters of the city voting in the affirmative, but not otherwise. 1404 1405 SECTION 4. Section 2 shall take effect upon passage. 1406