9-9-2024 Charter Draft-clean copy — 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 voters of the city, through the adoption of 43 this charter, to secure for themselves and their government all of the powers 44 it is possible to secure as fully and as completely as though each power were 45 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) “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 of 75 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 a 78 body, unless otherwise provided for by law or by the body’s own rules. 79 Provided, however, that General Laws related to any vote to meet in 80 executive session shall always require a majority of the full multiple 81 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 by affirmative vote of 8 members of the city council. This section 139 shall not prevent a city employee who vacated a position to serve as a 140 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 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 notice shall immediately be posted. 177 (f) 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 (g) A full, accurate, up-to-date account of the proceedings of the city council 181 shall be maintained by the city clerk, which shall include a record of each 182 vote taken and be made available with reasonable promptness following 183 each meeting. Executive session minutes shall be made available as soon as 184 publication of the minutes would not defeat the purpose of the executive 185 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 municipal election , as provided in 190 section 7-4, the city council shall elect from among its members a president 191 and vice-president who shall serve for 1-year terms. The member of the 192 council with the most years of service shall preside at the election. If 2 or 193 more members have the same term of service the councilor with the last 194 name that is first in alphabetical order from among suchcouncilors shall 195 preside. The conduct of all elections of the city council president and vice- 196 president shall otherwise be prescribed within the rules of the city council. 197 (b) Powers and Duties - The president shall have the following powers and 198 duties: 199 (1) determine the agenda for city council meetings; 200 (2) preside at all meetings of the city council, regulate its proceedings, 201 and decide all questions of order, provided, however, that the vice- 202 president shall preside in the absence of the president; 203 (3) appoint all members of committees of the city council, whether 204 special or standing; 205 (4) have the same powers to vote upon measures coming before the 206 city council as any other member of the city council; and 207 (5) perform any other duties consistent with the office that are 208 established by this charter, ordinance or other vote of the city council. 209 SECTION 2-7: APPOINTMENTS OF THE CITY COUNCIL 210 (a) City Clerk - The city council shall appoint a city clerk to serve at the 211 pleasure of the city council and until a qualified successor is chosen.. The 212 city clerk shall have the powers and duties relating to the keeping of records 213 and vital statistics, the issuance of licenses as are provided to city clerks by 214 the General Laws and such additional powers and duties as may be provided 215 by law or by other vote of the city council. 216

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

10 rejection with a written statement describing the reason, which shall be 245 delivered to the mayor and placed on file with the city clerk within 30 days 246 of the council’s vote rejecting an appointment. The question on rejection of 247 any appointment made by the mayor shall not be subject to the procedure of 248 charter objection provided in section 2-9(b) of this charter. 249 (b) Multiple Member Bodies - The mayor shall refer to the city council and 250 simultaneously file with the city clerk the name of each person the mayor 251 desires to appoint as a member of a multiple member body. The city council 252 shall have 60 days after the date on which notice of the proposed 253 appointment was filed with the city clerk to vote to approve or reject the 254 appointment, with approval not to be unreasonably withheld. If the city 255 council does not take action on the appointment within 60 days the 256 appointment shall be deemed approved. Multiple member body members 257 may be removed at the discretion of the mayor. 258 (1) In the event of a vacancy on a multiple member body where the 259 seat has remained vacant in excess of 1 year and the mayor has not 260 referred to the city council any proposed appointees to fill the vacancy, 261 the city council president may present to the mayor the names of up 262 to 3 persons as recommendations for appointment. The procedure for 263 selecting names of persons for presentation to the mayor shall be 264 established within the rules of the city council. 265 (2) The mayor shall twice annually, in February and August, post a 266 complete list of the vacancies on all multiple member bodies, as well 267 as the procedures for individuals to apply to become a member of such 268 bodies. This posting shall be in addition to, and not a substitute for, 269 regular posting for the purpose of filling vacancies as they arise. 270 (c) Police and Fire Employees - The mayor shall refer to the city council and 271 simultaneously file with the city clerk the name of each person the mayor 272

11 desires to appoint as a member or officer of the police department or the fire 273 department. The city council shall not unreasonably withhold confirmation of 274 appointments, shall adhere to any merit principles identified in applicable 275 law, including, but not limited to applicable civil service law, and shall 276 accompany a rejection with a written statement describing the reason, which 277 shall be delivered to and placed on file with the city clerk within 30 days of 278 that rejection. The question on confirmation of any appointment submitted 279 by the mayor shall not be subject to the procedure of charter objection 280 provided in section 2-9(b) of this charter. 281 SECTION 2-9: ORDINANCES AND OTHER MEASURES 282 (a) Measures - Every adopted measure shall become effective at the 283 expiration of 10 days after adoption or upon the signature of the mayor, 284 whichever occurs first, unless the ordinance or this charter provides 285 otherwise. An ordinance shall not be amended or repealed except by another 286 ordinance adopted in accordance with this charter. 287 (b) Charter Objection - On the first occasion that the question on adoption of 288 a measure is put to the city council, a single member may object to the 289 taking of the vote and postpone the vote until the next meeting of the city 290 council, whether regular or special. If 2 or more members object, the vote 291 shall be postponed until the next regular meeting. This procedure shall not 292 be used more than once for any specific matter regardless of whether it has 293 been amended. A charter objection shall have privilege over all motions 294 provided, however, that it shall be raised prior to or at the call for a vote by 295 the presiding officer and all debate shall cease. 296 SECTION 2-10: ACCESS TO INFORMATION 297 (a) In General - The city council may make investigations into the affairs of 298 the city and into the conduct and performance of any city agency. Absent 299 compelling circumstances or an emergency which shall be declared on record 300

12 and noted in the city council minutes, the city council shall give a minimum 301 of 14 days’ notice to any person it may require to appear before it under this 302 section. In the case of compelling circumstances or emergency, 7 days’ 303 notice shall be allowed. The notice shall include specific questions on which 304 the city council seeks information and any person called to appear before the 305 city council under this section shall not be required to respond to any 306 question not relevant or related to those questions presented in advance and 307 in writing. The mayor shall receive a copy of any notice issued under this 308 section at the same time as the person who is requested to appear before 309 the council. A majority vote of the city council shall be required to issue 310 notice under this section. 311 (b) Department Head - The city council may require, by majority vote, 312 specific information from a department head or their designee on any matter 313 related to the municipal services, functions and powers or duties which are 314 within the scope of responsibility of such department head and related to the 315 official duties and responsibilities of the city council. The department head or 316 their designee shall not be required to answer questions relating to any 317 other matter outside the scope of the matter noticed or provide information 318 that is privileged or the release of which is prohibited by law. 319 (c) Mayor - The city council may request, by majority vote, specific 320 information from the mayor on any municipal matter related to the official 321 duties and responsibilities of the city council. The mayor or their designee 322 shall appear before the city council and respond to the questions. The mayor 323 or their designee shall not be required to answer questions relating to any 324 other matter outside the scope of the matter noticed or be required to 325 provide information that is privileged or the release of which is prohibited by 326 law. The mayor may bring to this meeting any assistant, department head or 327 other city officer or employee that the mayor may consider necessary to 328 assist in responding to the questions posed by the city council. 329

13 SECTION 2-11: GROUP PETITIONS 330 The city council shall hold a public hearing and act with respect to every 331 petition which is addressed to it and which is signed by at least 50 municipal 332 voters as certified by the board of election commissioners. The hearing shall 333 be held by the city council or by a committee or subcommittee thereof, and 334 the city council shall act on the petition within 3 months of filing with the city 335 clerk. Hearings on 2 or more petitions filed under this section may be held at 336 the same time and place. At least 14 days before the hearing, the city clerk 337 shall notify the 10 petitioners whose names first appear on each petition, 338 publish a general summary of the subject matter of the petition, and post 339 notice of the date and time of the public hearing. A hearing shall not be held 340 upon any subject more than once in a 12-month period, as determined by 341 the city council president. 342 SECTION 2-12: FILLING OF VACANCIES 343 (a) Councilor At-Large - When a vacancy exists for an at-large council seat 344 and more than 180 days remain in the term, the city clerk shall notify the 345 city council and the chairperson of the board of election commissioners of 346 the vacancy within 7 days. Within 7 days after notification, the chairperson 347 of the board of election commissioners or a designee shall certify, in writing, 348 to the city clerk that the defeated candidate for the office of councilor at- 349 large with the next highest number of votes at the prior municipal election, if 350 willing and able to serve, shall fill the remainder of the existing term. The 351 city clerk shall administer the oath of office to the person within 15 days 352 after certification and the person shall take the seat. If the person who is 353 eligible declines the office, is not eligible and willing to serve, or fails to take 354 the oath of office within the time period set forth in this section, then the 355 person with the next highest number of votes for councilor at large at the 356 prior municipal election who is eligible and willing to serve shall take the seat 357

14 under the same circumstances as above. If no such candidate for the office 358 can serve, the city council will call a special election to fill the seat until for 359 the remainder of the term. If the vacancy occurs with 180 days or fewer in 360 the existing term, the vacancy shall be filled as above; provided, however, if 361 no candidate is available to take the seat, the seat shall remain vacant until 362 the next regular municipal election, and the person elected shall take office 363 upon certification of the vote, and serve for the remainder of the existing 364 term as well as the term to which elected. The clerk shall administer the 365 oath of office to them at the next meeting of the city council. 366 (b) Ward Councilor - If a vacancy occurs in the office of ward councilor and 367 more than 180 days remain on the existing term, the same procedures and 368 timelines as provided in (a) above for a councilor-at-large shall apply to a 369 ward councilor seat in the ward where a vacancy exists. If a vacancy occurs 370 180 or fewer days before the end of the term, the same provisions as appear 371 in (a) above for a councilor-at-large shall apply to a ward councilor vacancy. 372 ARTICLE 3 373 EXECUTIVE BRANCH 374 SECTION 3-1: MAYOR: ROLE; TERM OF OFFICE; ELIGIBILITY 375 (a) Role - The chief executive officer of the city shall be a mayor, elected by 376 the municipal voters of the city at large. The role of mayor shall be a full- 377 time position. 378 (b) Term of Office - The term of office for mayor shall be four years, 379 beginning on the first business day in January following the municipal 380 election. 381 (c) Eligibility - Any statewide voter residing in Somerville shall be eligible to 382 hold the office of mayor. 383

15 SECTION 3-2: PROHIBITIONS 384 The mayor shall not hold another compensated city position or other elected 385 public office. A former mayor shall not hold a compensated appointed city 386 office or city employment for at least 1 year after termination of their service 387 as the mayor. Any former mayor shall not receive compensation for 388 contracted work authorized during their tenure as the mayor. This 389 subsection shall not prevent a city officer or other city employee who has 390 vacated a position to serve as the mayor from returning to the same office 391 or other position of city employment held when the position was vacated. 392 This prohibition shall not apply to persons covered by a leave of absence 393 under section 37 of chapter 31 of the General Laws. 394 SECTION 3-3: COMPENSATION 395 The mayor shall receive compensation for their services as set by the city 396 council by ordinance. An ordinance increasing or reducing the compensation 397 of the mayor shall not be effective unless: 398 (1) it is adopted by affirmative vote of 8 members of the city council; 399 (2) it is adopted prior to the last 6 months of the mayor’s term; and 400 (3) it provides that the compensation increase or reduction is to take 401 effect upon the organization of the city government following the next 402 regular municipal election. 403 SECTION 3-4: EXECUTIVE POWERS 404 (a) Executive Powers - The executive powers of the city shall be vested 405 solely in the mayor and may be exercised by the mayor either personally or 406 through the city agencies under the general supervision and control of the 407 office of the mayor. The mayor shall cause this charter, laws, ordinances and 408 other orders of the city government to be enforced and shall cause a record 409 of all official acts of the executive branch of the city government to be kept. 410

16 The mayor shall supervise, direct, and be responsible for the efficient 411 administration of all city activities and functions placed under the control of 412 the mayor by law or by this charter. The mayor or their designee shall have 413 the sole power to sign, seal, execute and deliver in behalf of the city, deeds 414 and leases of land sold or leased by the city, and other deeds, agreements, 415 contracts, leases, indentures and assurances on behalf of the city. 416 (b) Supervision of City Agencies - The mayor shall exercise general 417 supervision and direction over all city agencies, unless otherwise provided by 418 law or by this charter. Each city agency shall furnish to the mayor any 419 information or materials the mayor may request and as the needs of the 420 office of mayor and the interest of the city may require. The mayor shall be 421 responsible for the efficient and effective coordination of the activities of all 422 city agencies and may call together for consultation, conference and 423 discussion, at reasonable times, all persons serving the city. 424 (c) Multiple Member Bodies - The mayor shall be, by virtue of the office, an 425 ex officio member of every appointed multiple member body of the city. The 426 mayor may, as an ex officio member, attend any meeting of an appointed 427 multiple member body of the city, including executive sessions, to 428 participate in the discussions of that body, provided, however, that mayor 429 shall not have the right to vote. 430 SECTION 3-5: APPOINTMENTS BY THE MAYOR 431 (a) Department Heads - The mayor shall appoint, subject to review by the 432 city council under section 2-8(a), all department heads for whom no other 433 method of appointment or selection is provided by this charter. Department 434 heads serve at the discretion of the mayor subject to the limitations and 435 requirements imposed by federal and state laws, rules, or regulations. 436 (b) City Attorney - The city attorney shall be appointed by the mayor, 437 subject to confirmation by the city council under section 2-8(a). Whenever 438

17 the mayor appoints a city attorney the mayor shall submit the name of a 439 person to serve as city attorney for confirmation under section 2-8(a). 440 (c) Multiple Member Bodies - The mayor shall appoint, subject to 441 confirmation by the city council under section 2-8(b), all members of 442 multiple member bodies for whom no other method of appointment or 443 selection is provided by administrative order or General Laws. All members 444 shall serve terms as defined by administrative order or General Laws. 445 (d) Police and Fire Employees - The mayor may appoint, subject to council 446 confirmation, members and officers of the police department and fire 447 department subject to requirements of the state’s Civil Service law. 448 (e) City Employees - The method of appointment for all other city employees 449 shall be as prescribed by administrative order. 450 SECTION 3-6: APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER 451 The mayor shall appoint a chief administrative officer to coordinate and 452 direct the operations and functions of municipal government. The chief 453 administrative officer shall be appointed by the mayor, subject to 454 confirmation by the city council under section 2-8(a). The appointee shall be 455 chosen on the basis of appropriate administrative and executive 456 qualifications and shall have a combination of experience, training, or 457 education to perform the duties of the office. Whenever the mayor appoints 458 a chief administrative officer, , the mayor shall submit the name of a person 459 to serve as a chief administrative officer for confirmation under section 2- 460 8(a). 461 SECTION 3-7: TEMPORARY APPOINTMENTS TO CITY OFFICES 462 Whenever a temporary or permanent vacancy occurs in a city office that is 463 appointed under section 3-5(a), the mayor may designate a person to 464 perform the duties of the office on a temporary basis for up to 180 days until 465

18 the position can be filled as provided by law or by this charter. Persons 466 serving as temporary officers under this section shall have only those powers 467 that are indispensable and essential to the performance of the duties of the 468 office during the period of temporary appointment and no others. 469 (a) Filing of a Temporary Appointment - When the mayor designates a 470 person under this section, the mayor shall file a certificate with the city clerk 471 in substantially the following form: 472 “I designate [name of person] to perform the duties of the office of [office 473 in which vacancy exists] on a temporary basis until the office can be filled by 474 [the regular procedure for filling the vacancy or when the incumbent shall 475 return]. I certify that this person is qualified to perform the duties which will 476 be required and that I make this designation solely in the interests of the 477 City of Somerville.” 478 (b) Extension of Temporary Appointments - If an extension of a temporary 479 appointment is necessary, the mayor may seek extensions in 90-day 480 increments, which shall be authorized by a majority vote of the city council. 481 If an extension is not approved, the position shall be deemed vacant. 482 SECTION 3-8: TEMPORARY APPOINTMENTS TO MULTIPLE MEMBER BODIES 483 Whenever a temporary or permanent vacancy occurs on a multiple member 484 body that is appointed under section 3-5(b), the mayor may designate a 485 person to perform the duties of the office on a temporary basis for up to 150 486 days until the position can be filled as provided by law or by this charter. If 487 an extension of a temporary appointment is necessary, the mayor may seek 488 extensions in 60-day increments, which shall be authorized by a majority 489 vote of the city council. If an extension is not approved, the position shall be 490 deemed vacant, except on multiple member bodies where the vacancy would 491 prevent a quorum. In that instance, a temporary appointment shall be 492 permitted to remain until a successor is qualified. 493

19 SECTION 3-9: APPROVAL OF MAYOR, VETO 494 Every ordinance or other measure as required by law adopted or passed by 495 the city council, except any matters relating to the internal affairs of the city 496 council, shall be presented to the mayor for approval. If the mayor approves 497 the measure, the mayor shall sign it. If the mayor disapproves the measure, 498 the mayor shall return it to the city council with the specific reason for 499 disapproval attached in writing. The city council shall enter the objections of 500 the mayor on its records and reconsider the measure at its subsequent 501 regular meeting. If the city council, regardless of the disapproval by the 502 mayor, shall again pass the identical measure by affirmative vote of 8 503 members of the city council, it shall then be deemed in force. If the mayor 504 has neither signed a measure nor returned it to the city council within 10 505 days following the date it was presented to the mayor, the measure shall be 506 deemed approved and in force. 507 SECTION 3-10: COMMUNICATIONS; SPECIAL MEETINGS 508 (a) Communications to the City Council - The mayor shall, by written 509 communication: 510 (1) recommend to the city council for its consideration measures as 511 the needs of the city require; and 512 (2) keep the city council fully informed of the financial and 513 administrative condition of the city and shall specifically indicate any 514 fiscal, financial, or administrative issues facing the city. 515 (b) Special Meetings of the City Council - The mayor may call a special 516 meeting of the city council for any purpose. Unless the mayor designates an 517 emergency, notice of the meeting shall be delivered by hand or by electronic 518 mail at least 2 business days in advance of the time set and shall specify the 519 date, time and location of the meeting and the purpose for which the 520

20 meeting is to be held. A copy of the notice shall be posted immediately. 521 SECTION 3-11: TEMPORARY ABSENCE OF THE MAYOR 522 (a) Acting Mayor - Whenever the mayor is unable to perform the duties of 523 the office, the president of the city council shall be the acting mayor. In the 524 event that the city council president is unable to serve as acting mayor 525 under this section, the city council shall elect a councilor to serve as acting 526 mayor from among its membership. The city council, by the affirmative vote 527 of 8 members, shall determine whether the mayor is unable to perform the 528 duties of the office. Notwithstanding any general or special law to the 529 contrary, the vote shall be taken in public session by a roll call vote. 530 (b) Powers of Acting Mayor - The acting mayor shall have only those powers 531 of the mayor that are indispensable and essential to conduct the business of 532 the city and on which action may not be delayed. The acting mayor shall 533 have no authority to make a permanent appointment or removal from city 534 service unless the absence of the mayor shall extend beyond 60 days, nor 535 shall the acting mayor approve or disapprove of any measure adopted by 536 the city council unless the time within which the mayor must act would 537 expire before the return of the mayor. The city council president or another 538 councilor serving as acting mayor shall not vote as a member of the city 539 council. 540 SECTION 3-12: DELEGATION OF AUTHORITY BY MAYOR 541 The mayor may authorize and subsequently remove authorization from a 542 subordinate officer or employee of the city to exercise or perform a, function 543 or duty of the office of the mayor, provided, however, that all acts 544 performed under any delegation of authority during the period of 545 authorization shall be and remain the acts of the mayor. Nothing in this 546 section shall be construed to authorize the mayor to delegate the powers 547 and duties of the mayor as a school committee member, the power of 548

21 appointment to city office or employment, or the authority to sign or return 549 measures approved by the city council unless the provisions of section 3-11 550 apply. 551 SECTION 3-13: FILLING OF PERMANENT VACANCY 552 Whenever a permanent vacancy occurs in the office of mayor, the process 553 for filling of the vacancy shall be as follows: 554 (a) If a vacancy occurs within the initial 36 months of the term, the city 555 council shall call a special election to be held within 90 days following the 556 date of the vacancy, provided, however, that if the vacancy occurs in a 557 regular municipal election year, the city council may request that the city 558 clerk determine if the election calendar would allow for the filling of the 559 vacancy at the next regular municipal election following such vacancy. Upon 560 receiving the clerk’s determination, the city council may delay the filling of 561 the vacancy until such election notwithstanding that the date of the election 562 may exceed 90 days from the date of the vacancy. The president of the city 563 council shall serve as acting mayor until the vacancy is filled. If the city 564 council president is unwilling or unable to serve, the city council shall elect a 565 councilor to serve as the acting mayor from among its membership. The 566 resulting vacancy on the council shall be filled in the manner provided in 567 section 2-12. Any person serving as the mayor under this section shall 568 receive the compensation then in effect for the position of mayor and shall 569 not vote as a member of the city council. The person elected as mayor 570 shall take office immediately upon certification of the vote and serve for the 571 balance of the remaining term. 572 (b) If a vacancy occurs in the final 12 months of the term, the office of 573 mayor shall be filled as provided in (a) above; provided, however that if the 574 councilor serving as the acting mayor under this section chooses to be a 575 candidate for mayor, they shall not be entitled to have the words “candidate 576

22 for reelection” printed with that councilor’s name on the regular municipal 577 election ballot. The resulting vacancy on the council shall be filled in the 578 manner provided in section 2-12. The person elected as mayor at the 579 regular municipal election shall take office immediately upon certification of 580 the vote and shall serve for the balance of the remaining term as well as the 581 term to which elected. 582 ARTICLE 4 583 SCHOOL COMMITTEE 584 SECTION 4-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 585 (a) Composition - There shall be a school committee consisting of 9 586 members. Seven members shall be nominated and elected by the municipal 587 voters of the city, 1 member elected from each ward. The mayor and the 588 president of the city council shall serve, by virtue of their office, with the 589 same powers and duties as other school committee members, provided, 590 however, that neither shall serve as chair. 591 (b) Term of Office - The term for the school committee shall be 2 years, 592 beginning on the first business day in January following the municipal 593 election. 594 (c) Eligibility - Any statewide voter residing in the ward from which election 595 is sought shall be eligible to hold the office of school committee member. If 596 a school committee member removes from the city during the committee 597 member’s term, that office shall immediately be deemed vacant and filled in 598 the manner provided in section 4-6. If a school committee member removes 599 to another ward in the city, the member may continue to serve for the 600 balance of the term to which elected. 601 SECTION 4-2: PROHIBITIONS 602 A member of the school committee elected by ward shall not hold any other 603

23 compensated city position. A former member of the school committee 604 elected by ward shall not hold any compensated appointed city office or city 605 employment for at least 1 year after termination of their service on the 606 school committee. This section shall not prevent a city officer or other city 607 employee who has vacated a position in order to serve as a member of the 608 school committee elected by ward from returning to the same office or other 609 position of city employment held at the time the position was vacated. 610 SECTION 4-3: COMPENSATION 611 Members of the school committee shall receive compensation for their 612 services as set by ordinance by the city council. An ordinance authorizing the 613 compensation of the members of the school committee shall not be effective 614 unless: 615 (1) it is adopted by affirmative vote of 8 members of the city council; 616 (2) it is adopted prior to the last 6 months of the school committee’s 617 term; and 618 (3) it provides that the compensation is to take effect upon the 619 organization of the city government following the next regular 620 municipal election . 621 SECTION 4-4: SCHOOL COMMITTEE RULES AND PROCEDURES 622 The school committee shall determine the procedures for the election of 623 school committee officers and adopt policies and procedures relating to 624 conducting the business of the school committee. . 625 SECTION 4-5: SCHOOL COMMITTEE POWERS AND DUTIES 626 The school committee shall have all powers which are conferred on school 627 committees by the General Laws and the additional powers and duties 628 provided by this charter, including but not limited to: 629

24 (1) selecting and removing a superintendent of the schools who shall 630 be charged with the administration of the school system, and 631 appointment of all other personnel as provided by the General Laws; 632 (2) adopting policies for the management of the public school system. 633 as deemed necessary or desirable; 634 (3) adopting and overseeing the administration of an annual operating 635 budget for the school department, subject to appropriation; 636 (4) providing ordinary maintenance of all school buildings and 637 grounds, unless a central municipal maintenance department, which 638 may include maintenance of school buildings and grounds, is 639 established; and 640 (5) at least 1 member of the school committee, or a designee of the 641 school committee, shall serve on the agency, board, or committee for 642 the planning or construction of a new, remodeled, or renovated school 643 building. 644 SECTION 4-6: FILLING OF VACANCIES 645 If a vacancy occurs in the membership of the school committee whether by 646 failure to elect or otherwise, the president of the city council shall, not more 647 than 30 days after the date on which that vacancy is declared to exist, call a 648 joint meeting of the city council and the school committee to act to fill the 649 vacancy. At the joint meeting, a majority of those present and voting shall 650 fill the vacancy for the remainder of the unexpired term by choosing the 651 defeated candidate for the seat at the last regular city election; If there was 652 no other candidate for the office, the city council and the school committee 653 shall at their discretion choose an individual, from among the voters entitled 654 to vote for that office for the remainder of the unexpired term. A person so 655 chosen shall take the oath of office and commence to serve forthwith. No 656

25 vacancy shall be filled in the manner provided in this section if a regular city 657 election is to be held not more than 180 days after the date the vacancy is 658 declared to exist. In an election being held to elect a candidate to a seat that 659 is vacant at the time of the election, the candidate deemed the winner of the 660 election to that seat shall be sworn in to serve the remainder of the term 661 previously vacated at the first regularly scheduled school committee meeting 662 after the date the election results are officially certified. 663 ARTICLE 5 664 ADMINISTRATIVE ORGANIZATION 665 SECTION 5-1: ORGANIZATION OF CITY AGENCIES 666 The organization of the city into agencies to provide services and administer 667 the government may be accomplished only through an administrative order 668 submitted to the city council by the mayor. An administrative order may not 669 originate with the city council. The mayor may, subject only to express 670 prohibitions of General Laws or this charter, propose administrative orders to 671 establish a new agency, reorganize, consolidate or abolish any agency, in 672 whole or in part, as is deemed necessary to conduct the business of the city 673 in an orderly, efficient or convenient manner. The mayor may also propose 674 administrative orders to establish terms of office and prescribe the functions 675 and administrative procedures to be followed by all agencies. 676 These proposed administrative orders shall be accompanied by a message 677 from the mayor which explains he expected benefits and advises the city 678 council if an administrative order shall require amendments, insertions, 679 revisions, repeal, or otherwise of existing ordinances. Whenever the mayor 680 proposes an administrative order, the city council shall hold 1 or more public 681 hearings on the proposal and post notice. 682 An organization or reorganization plan shall become effective at the 683

26 expiration of 60 days from filing, unless the city council has disapproved the 684 plan by majority vote prior to that date; provided, however, that if no 685 regular city council meeting is held within the subsequent 60 days of the first 686 regular meeting after the filing of an organization or reorganization plan, the 687 city council shall instead have 60 days from the second regular meeting. The 688 city council may vote only to approve or to disapprove the plan and may not 689 vote to amend or to alter it. 690 SECTION 5-2: QUALIFICATIONS FOR APPOINTMENTS AND PROMOTIONS 691 All appointments and promotions of city officers and other city employees 692 shall be made on the basis of fitness demonstrated by examination, past 693 performance, or by other evidence of competence and suitability. Each 694 person appointed to fill an office or position shall be a person who has the 695 experience, training, or education to perform the duties of the office or 696 position. 697 ARTICLE 6 698 FINANCIAL PROCEDURES 699 SECTION 6-1: FISCAL YEAR 700 The fiscal year of the city shall begin on July 1 and end on June 30, unless 701 another period is required by the General Laws. 702 SECTION 6-2: COMMUNITY AND COUNCIL BUDGET INPUT 703 The city council shall hold a community budget hearing on or before 704 February 15 of each year to solicit public input regarding budget priorities. 705 The city council shall post notice of the community budget hearing 14 days 706 in advance of the hearing. The mayor shall, at the first regular meeting of 707 the city council of each year, solicit budget priorities from all city councilors. 708 SECTION 6-3: ANNUAL BUDGET MEETING 709

27 On or before March 1 of each year, the mayor shall call a joint meeting of 710 the city council and school committee, including the superintendent of 711 schools, to review the financial condition of the city, revenue and 712 expenditure forecasts for at least 3 years and other relevant information 713 prepared by the mayor in order to develop a coordinated budget. 714 SECTION 6-4: SUBMISSION OF OPERATING BUDGET; BUDGET MESSAGE 715 On or about May 30, the mayor shall submit to the city council a proposed 716 operating budget for all city agencies for the next fiscal year. The proposed 717 operating budget shall include the school budget, as adopted by the school 718 committee, which shall be submitted to the mayor on or about May 15. The 719 proposed operating budget shall be accompanied by a budget message and 720 supporting documents. The budget message shall explain the operating 721 budget in fiscal terms and in terms of work programs for all city agencies. It 722 shall outline the proposed fiscal policies of the city for the next fiscal year, 723 describe important features of the proposed operating budget and include 724 any major variations from the current operating budget, fiscal policies, 725 revenues and expenditures together with reasons for these changes. The 726 proposed operating budget shall provide a complete fiscal plan of all city 727 funds and activities and shall be in the form the mayor deems desirable, 728 provided, however, that the budget proposals relative to elected officials 729 shall identify the cost of compensation and the cost of benefits for such 730 officials. The mayor and the superintendent of schools shall coordinate the 731 dates and times of the school committee's budget process under the General 732 Laws. 733 SECTION 6-5: ACTION ON THE OPERATING BUDGET 734 (a) Public Hearing - The city council shall post a notice of the proposed 735 operating budget as submitted by the mayor. The notice shall state: (1) the 736 times and places where copies of the entire proposed operating budget are 737

28 available for inspection by the public; and (2) the date, time and place when 738 a public hearing on the proposed operating budget shall be held by the city 739 council, at least 7 days after posting of the notice. The city council shall not 740 act on the budget until after the public hearing has occurred. 741 (b) Adoption of the Budget - The city council shall adopt the proposed 742 operating budget, which may have amendments, before the end of the fiscal 743 year. In amending the proposed operating budget, the city council may 744 delete or decrease amounts except expenditures required by law, provided, 745 however, that the city council shall not increase any specific item or the total 746 of the proposed operating budget except on the recommendation of the 747 mayor or unless otherwise authorized by the General Laws. If the city 748 council fails to act on an item in the proposed operating budget prior to the 749 beginning of the fiscal year, that amount shall, without any action by the city 750 council, become a part of the appropriations for the year and be available for 751 the purposes specified. 752 (c) Availability of the Operating Budget - In addition to any other posting 753 requirements, immediately after the submission of the proposed budget to 754 the city council, the mayor or their designee shall post the entire budget 755 document on the city website, where it shall remain posted during the city 756 council review process contained in this article. After the enactment of the 757 budget the mayor or their designee shall post the final budget on the city 758 website where it shall remain throughout the fiscal year for which it is in 759 effect. The final budget shall reflect any amendments made by the city 760 council and approved by the mayor and shall indicate that it is the final 761 budget. 762 SECTION 6-6: CAPITAL IMPROVEMENT PROGRAM 763 (a) Submission - The mayor shall submit a capital improvement program to 764 the city council on or about November 1 of each year. The mayor shall 765

29 annually revise the information regarding the capital improvements still 766 pending or in the process of being acquired, improved, or constructed. 767 The capital improvement program shall include: 768 (1) a general summary of its contents; 769 (2) a list of all capital improvements proposed to be undertaken during 770 the next 5 years, with supporting information as to the need for each 771 capital improvement; 772 (3) cost estimates, methods of financing, and recommended time 773 schedules for each improvement; and 774 (4) the estimated annual cost of operating and maintaining each 775 facility and piece of major equipment involved. 776 (b) Public Hearing - The city council shall post a notice stating: 777 (1) the times and places where entire copies of the capital 778 improvements program are available for the public; and 779 (2) the date, time, and place of a public hearing on the plan to be held 780 by the city council between 14 and 21 days after posting of the notice. 781 (c) Adoption - Following the public hearing, but not later than December 1, 782 the city council may by resolution adopt the capital improvements program. 783 The Mayor may amend the adopted program, provided that each 784 amendment shall be voted on separately, and that an increase in the capital 785 improvements program as submitted shall clearly identify the method of 786 financing to accomplish the proposed increase. 787 SECTION 6-7: INDEPENDENT AUDIT 788 The mayor shall annually provide for an outside audit of the books and 789 accounts of the city in the form of an Annual Comprehensive Financial 790

30 Report to be conducted by a certified public accountant or a firm of certified 791 public accountants, which has no personal interest, direct or indirect, in the 792 fiscal affairs of the city or any of its officers. The award of a contract to audit 793 shall be made by the mayor on or before September 15 of each year. The 794 report of the audit and all accompanying documents, including a 795 management letter so-called shall be filed in final form with the city council 796 no later than March 1 in the year following its award. The certified public 797 accountant or firm of certified public accountants shall make a presentation 798 to the city council as soon as practicable after said March 1 but no later than 799 May 31 of each year. At least every 3 years, the mayor shall conduct a 800 procurement process using sound business practices to retain these services. 801 SECTION 6-8: EXPENDITURES IN EXCESS OF APPROPRIATIONS 802 Except as otherwise provided by law, an official of the city shall not 803 knowingly or intentionally expend in a fiscal year sums in excess of the 804 appropriations, awards, grants or gifts duly made in accordance with law or 805 involve the city in any contract for the future payment of money in excess of 806 these appropriations, awards, grants or gifts. It is the intention of this 807 section that section 31 of chapter 44 of the General Laws shall be strictly 808 enforced. Any official who violates this section shall be personally liable to 809 the city for any amounts so expended to the extent that the city does not 810 recover these amounts from the person to whom the sums were paid. 811 ARTICLE 7 812 ELECTIONS 813 SECTION 7-1: ELIGIBILITY TO VOTE IN MUNICIPAL ELECTIONS 814 In addition to individuals eligible to vote pursuant to the General Laws the 815 following individuals may, upon application, have their names entered on a 816 list of municipal voters established by the board of election commissioners 817

31 for the city and may thereafter vote in any election for municipal offices and 818 municipal ballot questions in accordance with this charter. 819 (1) Any non-citizen residing in the city, who is ineligible to vote due to 820 citizenship status under federal or state law, rule, or regulation, but who is 821 otherwise eligible to vote; and 822 (2) Any 16- and 17-year old residing in the city, who is ineligible to vote due 823 to age under federal or state law, rule, or regulation but who is otherwise 824 eligible to vote. 825 These municipal voters shall remain eligible to vote in any election for 826 municipal offices and municipal ballot questions is the city for so long as 827 they remain domiciled therein. 828 SECTION 7-2: PRELIMINARY ELECTIONS 829 A preliminary election to nominate candidates for mayor, councilors at-large, 830 ward councilors, and school committee members shall be held on the third 831 Tuesday in September in each odd-numbered year in which the candidates 832 are to be elected. The city clerk may, with the approval of the city council, 833 reschedule the preliminary election to the fourth Tuesday in September to 834 avoid a conflict with any civil or religious holiday. Whenever a special 835 election to fill a vacancy is to be held, a preliminary election shall be 836 conducted, if necessary, 28 days before the date established for the special 837 election. A preliminary election to fill a vacancy in the office of ward 838 councilor or school committee member shall be held only in the ward where 839 there is a vacancy. 840 SECTION 7-3: PRELIMINARY ELECTION PROCEDURES 841 (a) Signature Requirements - The number of signatures of municipal voters 842 required to place the name of a candidate on the official ballot to be used at 843 a preliminary election shall be as follows: 844

32 (1) Mayor - at least 250 certified signatures; 845 (2) At-Large City Councilor - at least 100 certified signatures; 846 (3) Ward City Councilor - at least 50 certified signatures, all of which 847 shall be certified as being from the ward from which election is sought; 848 and 849 (4) School Committee Member - at least 50 certified signatures, all of 850 which shall be certified as being from the ward from which election is 851 sought. 852 (b) Forms - Signatures of municipal voters shall be made on a form 853 prescribed by the board of election commissioners and shall be made 854 available not earlier than April 2 in each municipal election year. The forms 855 shall be submitted to the board of election commissioners for certification of 856 the names on or before the fourteenth day preceding the date fixed for 857 submission to the city clerk. The forms shall be submitted to the city clerk 858 on or before 5:00 p.m. on the forty-fifth day prior to the declared date of the 859 preliminary election. An individual may appear on the ballot for only 1 office 860 at any preliminary, regular or special municipal election. 861 (c) Ballot Position - The order in which names of candidates for each office 862 appear on the ballot shall be determined by a drawing conducted by the city 863 clerk at least 40 days before the preliminary election. The drawing shall be 864 open to the public. 865 (d) Determination of Candidates: 866 (1) Offices of Mayor, Ward Councilor, and School Committee - the two 867 candidates who receive the highest number of votes for nomination to 868 each office at the preliminary election shall, except as provided by 869 paragraph 7-3(d)(3), be the candidates for that office. The candidates’ 870 names shall be printed on the official ballot to be used at the regular 871

33 or special municipal election at which the office is to be voted upon 872 and an acceptance of a nomination shall not be necessary to its 873 validity. 874 (2) Offices of City Councilor At-Large - the 8 people who receive the 875 highest number of votes for nomination to the office shall, except as 876 provided by section 7-3(e), be the candidates for the office. The 877 candidates’ names shall be printed on the official ballot to be used at 878 the regular or special municipal election at which the office is to be 879 voted upon and an acceptance of a nomination shall not be necessary 880 to its validity. 881 (3) Preliminary Results; Tied Vote - If there is a tie among candidates 882 for the last available ballot position for any given elected office, then 883 all candidates receiving the same number of votes for the office shall 884 be printed on the regular municipal election ballot, notwithstanding 885 any other provisions in this charter specifying the number of 886 candidates to be printed on the election ballot. 887 (e) Condition Making Preliminary Unnecessary - If the time for filing 888 statements of candidates to be on the ballot for any preliminary election has 889 expired, and the number of statements filed with the city clerk for an office 890 is not more than 2 for the office of mayor, any ward councilor or ward school 891 committee member, and 8 for the office of city councilor at-large, the 892 candidates whose statements have been filed shall be deemed nominated to 893 that office. Those candidates shall be voted on for the office at the regular or 894 special municipal election. The city clerk shall not print those names on the 895 ballot to be used at the preliminary election and another nomination to the 896 office shall not be made, and a preliminary election shall not be held for the 897 office or offices. 898 SECTION 7-4: REGULAR MUNICIPAL ELECTION 899

34 The regular municipal election shall be held on the Tuesday following the 900 first Monday in November in each odd-numbered year. 901 SECTION 7-5: BALLOT POSITION, REGULAR MUNICIPAL ELECTION 902 The order in which names of candidates for each office appear on the ballot 903 shall be determined by a drawing conducted by the city clerk not later than 7 904 days after the certification of the preliminary election results. If there is no 905 preliminary election in advance of the regular municipal election or a special 906 election, the drawing shall be conducted on the Tuesday 6 weeks prior to the 907 election. The drawing shall be open to the public. 908 SECTION 7-6: NON-PARTISAN ELECTIONS 909 All elections for city offices shall be non-partisan and election ballots shall be 910 printed without any party mark, emblem or other political designation. 911 SECTION 7-7: WARDS 912 The territory of the city shall be divided into 7 wards by the city clerk to 913 consist of as nearly an equal number of inhabitants as it is possible to 914 achieve, based on compact and contiguous territory, bounded as far as 915 possible by the center line of known streets or ways or by other well-defined 916 limits. Each ward shall be composed of voting precincts established under 917 the General Laws. The city council shall review these wards to ensure 918 uniformity in the number of inhabitants at least once every 10 years. 919 SECTION 7-8: APPLICATION OF STATE GENERAL LAWS 920 Except as otherwise expressly provided in this charter and authorized by 921 law, all municipal elections shall be governed by the General Laws relating to 922 the right to vote, the registration of voters, the nomination of candidates, 923 voting places, the conduct of preliminary, regular and special municipal 924 election, the submission of charters, charter amendments and other 925 propositions to the voters, the counting of votes, the recounting of votes, 926

35 and the determination of results. 927 ARTICLE 8 928 GENERAL PROVISIONS 929 SECTION 8-1: CHARTER CHANGES 930 This charter may be replaced, revised or amended in accordance with the 931 state constitution or the General Laws. 932 SECTION 8-2: SPECIFIC PROVISION TO PREVAIL 933 To the extent that a specific provision of the charter conflicts with any 934 provision expressed in general terms, the specific provision of the charter 935 shall prevail. 936 SECTION 8-3: RULES AND REGULATIONS 937 A copy of all rules and regulations adopted by a city agency shall be posted 938 to the city website. Unless an emergency exists, as determined by the 939 mayor, a rule or regulation adopted by a city agency shall not become 940 effective until at least 5 days following the date it is posted. This section 941 shall not apply to internal operating protocols and policies enacted by city 942 departments. 943 SECTION 8-4: PERIODIC REVIEW OF CHARTER 944 The mayor and city council shall provide for a review to be made of the city 945 charter at least once every 10 years to determine the need, if any, for 946 changes and prepare recommendations addressing any proposed changes. 947 The manner of the review shall be established by ordinance and incorporate 948 opportunities for community input. The report of the committee and 949 accompanying recommendations, if any, shall be filed with the city clerk on a 950 date specified by ordinance. 951

36 SECTION 8-5: PERIODIC REVIEW OF ORDINANCES 952 The mayor and city council shall provide for a review to be made of some or 953 all of the city ordinances at least once every 10 years to determine the need 954 for amendments, if any. Such review shall be scheduled to follow the charter 955 review as provided in section 8-4 of the charter by at least 1 year. The 956 manner of the review shall be established by ordinance. The review of city 957 ordinances shall be under the supervision of the city solicitor and incorporate 958 opportunities for community input. The recommendations shall be filed with 959 the city clerk on a date specified by ordinance. 960 SECTION 8-6: PERIODIC REVIEW OF MULTIPLE MEMBER BODIES 961 The mayor and the city council shall provide for a review to be made of all 962 multiple member bodies at least once every 10 years, provided however that 963 such bodies as are required in cities by the General Laws, established by a 964 special act of the legislature at the city’s request or established by the city’s 965 acceptance of one or more state enabling laws at least 10 years prior to the 966 adoption of the charter shall not be included in such review. This review shall 967 be made by a special committee whose membership and term shall be 968 determined by ordinance, and the initial review shall be implemented as 969 provided in section 9-7(d). The special committee shall file its report with 970 the city clerk on a date specified by ordinance. The committee’s report 971 should include an assessment of the function and relevance of multiple 972 member bodies included in the review, and may include recommendations to 973 combine, dissolve or create multiple member bodies to address redundancies 974 or emerging concerns of the city. 975 SECTION 8-7: UNIFORM PROCEDURES GOVERNING MULTIPLE MEMBER 976 BODIES 977 Open meeting law and procedures in the General Laws shall apply to the 978 proceedings of multiple member bodies, and shall include the following: 979

37 (1) Officers - All appointed multiple member bodies shall elect a chair, 980 a vice-chair and any other officer it deems necessary. 981 (2) Meetings - All appointed multiple member bodies of the city shall 982 meet regularly at the times and places that the multiple member body, 983 by the body’s own rules, prescribe. Special meetings of any multiple 984 member body shall be held at the call of the chair or by a majority of 985 the members of the body. Notice of the meeting shall be posted as 986 required by law. Except as may otherwise be authorized by law, all 987 meetings of all multiple member bodies shall, at all times, be open to 988 the public. 989 (3) Meeting Documents and Submissions - Each appointed multiple 990 member body shall determine its own rules and order of business. 991 Each multiple member body shall provide for the keeping of agendas, 992 minutes and related submissions of its proceedings. All documents 993 shall be a public record and certified copies shall be placed on file in 994 the office of the city clerk within a reasonable period from the date of 995 approval. 996 (4) Voting - If requested by any member, a vote of an appointed 997 multiple member body shall be taken by a roll call vote and the vote of 998 each member shall be recorded in the minutes, provided, however, 999 that if the vote is unanimous only that fact need be recorded. Unless 1000 some other provision is made by the multiple member body's own 1001 rules while a quorum is present, except on procedural matters, any 1002 action on a matter representing an exercise of the powers of the 1003 multiple member body shall require a majority vote. General Laws 1004 related to a vote to meet in executive session shall always require a 1005 majority of members of the body. 1006 SECTION 8-8: REFERENCES TO GENERAL LAWS 1007

38 All references to General Laws contained in the charter refer to the 1008 Massachusetts General Laws and are intended to refer to and to include any 1009 amendments or revisions to chapters or sections or to the corresponding 1010 chapters and sections of any rearrangement, revision or recodification of 1011 statutes enacted or adopted subsequent to the adoption of this charter. 1012 SECTION 8-9: COMPUTATION OF TIME 1013 In computing time under this charter, the day of the act or event after which 1014 the designated time period begins to run shall not be included. The last day 1015 of the period shall be included, unless it is a Saturday, Sunday or legal 1016 holiday, in which event the period shall be extended to the next business 1017 day. 1018 SECTION 8-10: OATHS OR AFFIRMATIONS 1019 (a) Officials Elected in Regular Municipal Elections - On the first business day 1020 in January of each even-numbered year, the city council members-elect, the 1021 school committee members-elect and the mayor-elect, shall meet and take 1022 an oath or affirmation to faithfully discharge the duties of their office. The 1023 oath or affirmation shall be administered by the city clerk, the assistant city 1024 clerk, a judge of a court of record or by a justice of the peace. Each official 1025 taking the oath or affirmation shall also sign a written version, which shall be 1026 kept in a bound book maintained by the city clerk. If the mayor-elect or any 1027 member-elect of the city council or school committee is absent on the day 1028 the oath is administered, the oath or affirmationshall be administered at any 1029 time within 10 days of the first business day of January, unless 1030 circumstances beyond the control of the officer-elect prevent such action, 1031 but in no instance shall the time period to be sworn to office extend beyond 1032 30 days from the first business day of January. 1033 (b) Other Elected Officials and Appointed Positions - Except as otherwise 1034 provided by law, every person who is elected or appointed to an office or as 1035

39 a member of a multiple member body shall take an oath or affirmation 1036 before performing any act under this election or appointment. A record of 1037 this oath or affirmation shall be kept by the city clerk. 1038 SECTION 8-11: LIMITATION ON OFFICE HOLDING 1039 Unless otherwise allowed by law or this charter, a person shall not 1040 simultaneously hold more than 1 office or position of employment with the 1041 city. This section may be waived by the mayor by filing a notice of the 1042 waiver with an explanation and justification with the city clerk. 1043 SECTION 8-12: FELONY CONVICTION 1044 An elected official who has been convicted of a state or federal felony while 1045 holding office shall be deemed to have vacated the office. 1046 SECTION 8-13: ENFORCEMENT OF CHARTER PROVISIONS 1047 It shall be the duty of the mayor to see that the charter is faithfully followed 1048 and complied with by all city agencies and employees. Whenever it appears 1049 to the mayor that a city agency or employee is not following the charter, the 1050 mayor shall, in writing, cause notice to be given to that agency or employee 1051 directing compliance with this charter. Whenever it appears to the city 1052 council that the mayor is not following this charter, the city council shall, by 1053 resolution, direct the attention of the mayor to those areas in which it 1054 believes there is a failure to comply with the charter. The procedures made 1055 available in chapter 231A of the General Laws may be used to determine the 1056 rights, duties, or other legal relations arising under the charter, including 1057 any question of construction or validity which may be involved in that 1058 determination. 1059 ARTICLE 9 1060 TRANSITION PROVISIONS 1061

40 SECTION 9-1: CONTINUATION OF EXISTING LAWS 1062 (a) All General Laws, special laws, city ordinances, city council votes, rules 1063 and regulations of or pertaining to the city that are in force when this charter 1064 takes effect, and not specifically or by implication repealed by this charter, 1065 shall continue in full force and effect until amended or repealed, or rescinded 1066 by due course of law, or until they expire by their own limitation. In any case 1067 in which the provisions of the charter are found to be inconsistent with the 1068 provisions of any general or special law that would otherwise be applicable, 1069 the provisions of the charter shall prevail. 1070 (b) Except as otherwise provided in the charter, the city shall not be subject 1071 to provisions of chapter 31 of the General Laws. Uniform positions within the 1072 police department and the fire department below the rank of chief of 1073 department shall continue to be subject to said chapter 31. Tenured civil 1074 service employees of the city shall continue to be subject to the provisions of 1075 said chapter 31 in the classification held at the time of the effective date of 1076 the charter. 1077 SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION 1078 All city agencies and city officials shall continue to perform their duties until 1079 reappointed, until successors to their respective positions are appointed or 1080 until their duties have been transferred and assumed by another city 1081 agency. All officers and department heads previously appointed and/or 1082 appointed and confirmed at the time this Charter takes effect shall not be 1083 required to be re-appointed or re-appointed and confirmed, unless otherwise 1084 provided by this Charter. 1085 SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY 1086 All records and property of any city agency, or part thereof, the powers and 1087 duties of which are assigned in whole or in part to another city agency, shall 1088

41 be transferred forthwith to that agency. 1089 SECTION 9-4: CONTINUATION OF PERSONNEL 1090 All city office holders and employees shall retain the office, position or 1091 employment they hold, and shall continue to perform the duties of the office, 1092 position or employment until their employment or position is otherwise 1093 terminated or other provisions are made. A person in full-time service of the 1094 city shall not forfeit accrued time in service of the city as a result of adoption 1095 of the charter. 1096 SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC. 1097 All official bonds, recognizances, obligations, contracts and other 1098 instruments entered into or executed by, with, or on the behalf of the city 1099 before the adoption of the charter, shall continue to be obligations of the 1100 city; and all taxes, assessments, fines, penalties and forfeitures, incurred or 1101 imposed, due or owing to the city, shall be enforced and collected; and all 1102 writs, prosecutions, actions and causes of action, except as herein otherwise 1103 provided, shall continue without abatement and remain unaffected by the 1104 charter; and any legal act done by or in favor of the city shall not be 1105 rendered invalid by reason of the adoption of the charter. 1106 SECTION 9-6: DISPOSITION OF CERTAIN SPECIAL ACTS 1107 (a) Certain Special Acts repealed: 1108 The following special acts are hereby repealed: St.1899, c. 240, establishing 1109 a charter for the city of Somerville; provided, however, that section 38 1110 establishing the composition and term of the board of health, section 39 1111 establishing the composition and term of the board of library trustees, and 1112 section 43 requiring that the purchasing agent make all city purchases, shall 1113 remain in effect until such time as the city acts under Article 5 of the charter 1114 to enact one or more administrative orders; St. 1982, c. 656 authorizing the 1115

42 mayor and council salaries to be set by ordinance; St. 1989, c. 355, 1116 establishing a 3 year term for the city clerk;, St. 2014, c. 90, filling a 1117 vacancy in the office of mayor; St. 2018, c. 355, replacing the words “board 1118 of aldermen” and “alderman”, with the words “city council” and “councilor”, 1119 replacing the words “alderman at-large” with the words “councilor at-large”, 1120 and replacing the words “aldermen-elect” with the words “council-elect”, and 1121 St. 2022, c. 312, making c. 240 of 1899 gender neutral. 1122 (b) Certain Special Acts Recognized and Retained: 1123 The following special acts, including those which amended Chapter 240 of 1124 the Acts of 1899, relating to the organization of the city's government, are 1125 recognized and retained as follows, notwithstanding any reference to said c. 1126 240: St. 1923, c.191, St. 1939, c.190, and St. 2018, c.410 relating to the 1127 Licensing Commission; St. 1928, c. 41 and c. 81, St. 2021, c. 63 relating to 1128 the Board of Appeals; St. 1928, c. 82, St. 2018, c. 410, and St. 2012, c. 400 1129 relating to the Board of Election Commissioners; St. 1934, c. 294 relating to 1130 the Auditor, St. 1934, c. 295 relating to the Treasurer; St. 1953, c. 653, St. 1131 1988, c. 94, ss. 40, 40A, B, C, and D, St. 2004, c. 317, and St. 2008, c.112 1132 relating to the Department of Public Works; St. 1977, c. 644 relating to the 1133 School Committee; St. 1985, c. 23, and St. 2012, c. 400 relating to the 1134 Board of Assessors; St. 1991, c. 390 relating to the Disabilities Commission; 1135 St. 2008, c. 106 establishing the Municipal Hearing Officer; St. 2012, c. 381, 1136 and St. 2016, c. 142 relating to the Alcoholic Beverages Commission; St. 1137 2018, c. 364 relating to the Redevelopment Authority; St. 1978, c.297, St. 1138 2012, c.312. and St. 2012, c. 400 relating to the Traffic Commission; and 1139 ss. 1-10, 26, 50, 43, 47, 48, 49, 50, 56, 57, 58, 59 and 60 of c. 400 of the 1140 Acts of 2012 until such time as the city acts under Article 5 of this charter to 1141 adopt one or more administrative orders. 1142 SECTION 9-7: TIME OF TAKING EFFECT 1143

43 (a) The provisions of s. 3-6 of the charter relating to the appointment of the 1144 Chief Administrative Officer shall take effect following the regular municipal 1145 election in 2025. 1146 (b) The provisions of Article 7 relative to municipal elections shall be in 1147 effect for the preliminary and regular municipal elections to be held in 202. 1148 (c) The provision of Article 6 relating to the operating budget, the capital 1149 plan, and the municipal audit shall take effect for the fiscal year beginning 1150 July 1, 2026 (FY 2027). 1151 (d) Creation of Public Financing of Campaigns Committee 1152 Within 6 months of the adoption of the charter, the city council shall create a 1153 public financing of campaigns committee to study public financing 1154 mechanisms and prepare recommendations with the goal of making running 1155 for office in the city more accessible to potential candidates. The directive of 1156 this study committee is to consider a full range of options as practicable, 1157 provide analysis on the potential benefits and barriers of each option, and 1158 consider which should be recommended to the city council for its 1159 consideration. 1160 The committee shall consist of 9 members: 1 shall be the chair of the board 1161 of elections commissioners or their designee, 1 shall be the city council 1162 president or their designee, 1 shall be the chair of the school committee or 1163 their designee, 2 shall be city residents appointed by the city council, 2 shall 1164 be city residents appointed by the school committee, 2 shall be city residents 1165 appointed by the mayor. The committee shall elect a chair and establish the 1166 schedule of its meetings. The committee shall issue recommendations to the 1167 city council within 12 months of the appointment of all of the members. The 1168 city council shall take action on the recommendations within 90 days of 1169 receipt. If the city council has already taken action consistent with this 1170 provision, no action is necessary. 1171

44 (e) Creation of Ranked Choice Voting Implementation Committee 1172 Within 6 months of the adoption of the charter, the city council shall create a 1173 ranked choice voting committee to propose a measure to adopt ranked- 1174 choice voting and submit a report on ranked-choice voting in the city. A 1175 voting method shall be considered ranked choice voting if the municipal 1176 voter ranks candidates in order of preference. The committee’s report shall 1177 include: 1178 (1) the elected offices to be selected by this voting method; 1179 (2) a timeframe and strategy for implementation; 1180 (3) infrastructure and equipment requirements; 1181 (4) a cost analysis; 1182 (5) a comparative analysis of other voting methods; 1183 (6) an analysis of potential equity concerns; and 1184 (7) a community education plan. 1185 If the city council has already taken action consistent with this provision, no 1186 action is necessary. The goal of this committee is to implement ranked 1187 choice voting in order to more accurately reflect the will of the voters, 1188 increase the number and diversity of candidates, lower barriers to candidate 1189 participation and increase transparency of elections. 1190 The committee shall consist of 9 members: 1 shall be the chair of the board 1191 of elections commissioners or their designee, 1 shall be the city council 1192 president or their designee, 1 shall be the chair of the school committee or 1193 their designee, 2 shall be city residents appointed by the city council, 2 shall 1194 be city residents appointed by the school committee, 2 shall be city residents 1195 appointed by the mayor. The committee shall elect a Chair and establish the 1196 schedule of its meetings. The committee shall propose a measure to the city 1197

45 council within 18 months of the appointment of its full membership. The city 1198 council shall take action on the measure within 90 days of receipt. 1199 (f) Initial Periodic Review of Multiple Member Bodies 1200 The mayor and the city council shall convene the first periodic review of 1201 multiple member bodies committee, pursuant to section 8-6, within 6 1202 months of the adoption of the charter. The committee’s report should 1203 include: 1204 (1) an assessment of the functions and relevancies of the city’s current 1205 multiple member bodies; 1206 (2) a review of activities of multiple member bodies from recent years; 1207 (3) the ability of the city to fill appointments to the body; and 1208 (4) recommendations for combining, terminating, or establishing new 1209 multiple member bodies. If the city council has already taken action 1210 consistent with this provision, no action is necessary. 1211 The committee shall consist of 5 members: 1 shall be the mayor or their 1212 designee, 1 shall be the city council president or their designee, 1 shall be 1213 the city clerk, 1 shall be a resident appointed by the mayor, 1 shall be a 1214 resident appointed by the city council. 1215 The committee shall submit a report to the city council and they shall 1216 respond to and vote on the recommendations within 90 days of receipt. 1217 (g) Within 120 days of the effective date of this act, the city council shall 1218 consider the acceptance of section 91 of chapter 41 of the general laws. 1219 SECTION 2. The city clerk shall cause the following question to be place on 1220 the official ballot to be used in the city of Somerville at the regular municipal 1221 election to be held on November 4, 2025: Shall the city adopt Chapter XXX 1222 of the Acts of 2024 that provides a special act charter for the city of 1223

46 Somerville? The city attorney shall prepare the summary of the proposed 1224 special act charter which shall appear on the ballot along with the question 1225 provided in this section and the city attorney shall submit the question and 1226 summary to the city clerk in accordance with section 42C of chapter 54 of 1227 the General Laws. 1228 1229 SECTION 3. Section 1 shall take effect upon acceptance by a majority of the 1230 voters of the city voting in the affirmative, but not otherwise. 1231 1232 SECTION 4. Section 2 shall take effect upon passage. 1233