HRP Charter Revision - Clean — File 25-0482

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

2 SECTION 1-3: SEPARATION OF POWERS 22 The administration of the fiscal, prudential and municipal affairs of the city shall be vested in an 23 executive branch led by a mayor and a legislative branch consisting of a city council. The 24 legislative branch shall never exercise any executive power and the executive branch shall never 25 exercise any legislative power. 26 SECTION 1-4: POWERS OF THE CITY 27 Subject only to express limitations on the exercise of any power or function by a municipal 28 government in the constitution or General Laws, it is the intention and the purpose of the voters 29 of the city, through the adoption of this charter, to secure for themselves and their government all 30 of the powers it is possible to secure as fully and as completely as though each power were 31 specifically and individually enumerated in this charter. 32 SECTION 1-5: CONSTRUCTION 33 The powers of the city under this charter are to be construed liberally in favor of the city and the 34 specific mention of any particular power is not intended to limit the general powers of the city as 35 stated in section 1-4. To the extent that any provision of this charter shall conflict with any 36 special act or law adopted by the city to the contrary, the provisions of this charter shall prevail. 37 SECTION 1-6: INTERGOVERNMENTAL RELATIONS 38 Subject only to express limitations in the constitution or General Laws, the city may exercise any 39 of its powers or perform any of its functions and may participate in the financing thereof, jointly 40 or in cooperation, by contract or otherwise, with the commonwealth or any of its agencies or 41 political subdivisions, or with the United States government or any of its agencies. 42 SECTION 1-7: DEFINITIONS 43 Unless the context clearly requires otherwise, the following terms shall have the following 44 meanings as used in this charter: 45 (1) “Business day”, any day that is not a Saturday, Sunday, or legal holiday. For the 46 purposes of this definition, legal holiday shall mean Massachusetts legal holidays as 47 published by the secretary of the commonwealth. 48

3 (2) “Charter”, this charter and any adopted amendments to it. 49 (3) “City”, the City of Somerville. 50 (4) “City agency”, any multiple member body, department, division or office of the city. 51 (5) “City officer” or “department head”, a person having charge of a city office or 52 department. 53 (6) “City website”, an online site established and maintained by the city as its repository 54 of municipal information. 55 (7) “Emergency”, a sudden, generally unexpected occurrence or set of circumstances 56 demanding immediate action or response. 57 (8) “General Laws”, the Massachusetts General Laws. 58 (9) “Majority vote”, a majority of the present and voting members of a body, unless 59 otherwise provided for by law or by the body’s own rules. Provided, however, that 60 General Laws related to any vote to meet in executive session shall always require a 61 majority of the full multiple member body. 62 (10) “Measure”, any ordinance, order, other vote or proceeding adopted, or proposed to 63 be adopted, by the city council or the school committee. 64 (11) “Multiple member body”, any council, commission, committee, subcommittee or 65 other body consisting of 2 or more persons, whether elected, appointed or otherwise 66 constituted, but not including the city council or its committees, the school committee or 67 its subcommittees or an advisory committee or task force established by the mayor or city 68 council. 69 (i) “Quasi-judicial body”, any multiple member body which resolves specific 70 disputes, or makes determinations about the rights, obligations or privileges of 71 identifiable parties. 72 (ii) “Regulatory body”, any multiple member body responsible for establishing or 73 enforcing rules or regulations. 74 (12) “Municipal voter”, anyone who is eligible to vote in a municipal election pursuant to 75 this charter. 76

4 (13) “Organization or reorganization plan”, a plan submitted by the mayor to the city 77 council which proposes: 78 (i) a change in the organization or the administrative structure of the city 79 administration or organization; or 80 (ii) a change in the way in which municipal services are delivered. 81 (14) “Post”, make available publicly on the city website, at city hall, in a local newspaper 82 or as otherwise may be required by law. For the purposes of this definition, a local 83 newspaper shall be a newspaper of general circulation within the city, with either weekly 84 or daily circulation. The city council president may, from time to time, select a local 85 newspaper for posting according to a procedure that shall be set forth in the rules of the 86 city council. 87 (15) “Quorum”, a majority of all voting members of a multiple member body unless 88 some other number is established by law or by ordinance. 89 (16) “Statewide voter”, anyone who is eligible to vote pursuant to state and federal law. 90 (17) “Year”, a calendar year, unless otherwise specified. 91 ARTICLE 2 92 LEGISLATIVE BRANCH 93 SECTION 2-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 94 (a) Composition - There shall be a city council consisting of 11 members which shall exercise 95 the legislative powers of the city. Four of these members, to be known as councilors at-large, 96 shall be nominated and elected by the municipal voters at large. Seven of these members, to be 97 known as ward councilors, shall be nominated from and elected by the municipal voters in each 98 ward, with 1 ward councilor to be elected from each of the 7 wards into which the city is divided 99 under section 7-7. 100 (b) Term of Office - The term of office for councilors shall be 2 years each, beginning on the 101 first business day in January following the municipal election. 102 (c) Eligibility - Any statewide voter residing in the city shall be eligible to hold the office of 103

5 councilor at-large. Any statewide voter residing in the ward from which election is sought shall 104 be eligible to hold the office of ward councilor. If the city council determines that a ward 105 councilor or a councilor at-large has removed from the city during the councilor’s term, that 106 office shall immediately be deemed vacant and filled in the manner provided in section 2-12. A 107 ward councilor who removes from the ward in which the councilor was elected and who remains 108 a municipal voter of the city may continue to serve the balance of the term to which elected. 109 SECTION 2-2: PROHIBITIONS 110 (a) Holding Other City Position – Except as otherwise provided by this charter, a member of the 111 city council shall hold no other compensated city position. A former member of the city council 112 shall not hold any compensated appointed city position for 1 year after termination of their 113 service on the city council, unless the city council approves a waiver of this provision by 114 affirmative vote of 8 members of the city council. This section shall not prevent a city employee 115 who vacated a position to serve as a member of the city council from returning to the same 116 position upon the expiration of the term for which that person was elected. 117 (b) Interference with Administration - The city council or any member of the city council shall 118 not give orders or directions to any employee of the city appointed by the mayor, either publicly 119 or privately. 120 SECTION 2-3: COMPENSATION 121 The members of the city council shall receive compensation for their services as set by 122 ordinance. An ordinance increasing or reducing the compensation of the members of the city 123 council shall not be effective unless: 124 (1) it is adopted by affirmative vote of 8 members of the city council; 125 (2) it is adopted prior to the last 6 months of the city council’s term; and 126 (3) it provides that the compensation increase or reduction is to take effect upon the 127 organization of the city government following the next regular municipal election. 128 SECTION 2-4: GENERAL POWERS 129 Except as otherwise provided by the General Laws or by this charter, all powers of the city shall 130

6 be vested in the city council which shall provide for the performance of all duties and obligations 131 imposed upon the city by law. 132 SECTION 2-5: EXERCISE OF POWERS; QUORUM; RULES 133 (a) Exercise of Powers - Except as otherwise provided by General Laws or by this charter, the 134 legislative powers of the city council may be exercised in a manner determined by the city 135 council. 136 (b) Quorum - Once a quorum is present, a majority vote shall be required to adopt any ordinance, 137 except as otherwise provided by General Laws or by this charter. 138 (c) Rules of Procedure - The city council shall adopt rules regulating the procedures of the city 139 council, which shall be subject to adoption, amendment or repeal by vote of the city council. 140 (d) Meetings - Regular meetings of the city council shall be held at a time and place fixed by 141 ordinance. 142 (e) Special meetings of the city council shall be held at the call of the president or at the call of 143 any 6 or more members, for any purpose. Except in an emergency as declared by the city council 144 president, notice of the meeting shall be delivered to the city clerk at least 3 business days in 145 advance of the time set and shall specify the date, time, location and purpose for which the 146 meeting is to be held. The city clerk shall post an agenda for such meeting at least 2 business 147 days in advance of the time set. 148 (f) All sessions of the city council and every city council committee or subcommittee shall, at all 149 times, be open to the public, unless otherwise specified by law. 150 (g) A full, accurate, up-to-date account of the proceedings of the city council shall be maintained 151 by the city clerk, which shall include a record of each vote taken and be made available with 152 reasonable promptness following each meeting. Executive session minutes shall be made 153 available as soon as publication of the minutes would not defeat the purpose of the executive 154 session, unless otherwise provided by law. 155

7 SECTION 2-6: ELECTION, TERM, AND POWERS OF CITY COUNCIL PRESIDENT AND 156 VICE-PRESIDENT 157 (a) Election and Term - As soon as practicable after the councilors-elect have been qualified 158 following each regular municipal election, as provided in section 7-4, the city council shall elect 159 from among its members a president and vice-president who shall serve for 1-year terms. The 160 member of the council with the most years of service shall preside at the election. If 2 or more 161 members have the same term of service the councilor with the last name that is first in 162 alphabetical order from among such councilors shall preside. The conduct of all elections of the 163 city council president and vice-president shall otherwise be prescribed within the rules of the city 164 council. 165 (b) Powers and Duties - The president shall have the following powers and duties: 166 (1) determine the agenda for city council meetings; 167 (2) preside at all meetings of the city council, regulate its proceedings, and decide all 168 questions of order, provided, however, that the vice-president shall preside in the absence 169 of the president; 170 (3) appoint all members of committees of the city council, whether special or standing; 171 (4) have the same powers to vote upon measures coming before the city council as any 172 other member of the city council; and 173 (5) perform any other duties consistent with the office that are established by this charter, 174 ordinance or other vote of the city council. 175 SECTION 2-7: APPOINTMENTS OF THE CITY COUNCIL 176 (a) City Clerk - The city council shall appoint a city clerk to serve at the pleasure of the city 177 council and until a qualified successor is chosen. The city clerk shall have the powers and duties 178 relating to the keeping of records and vital statistics, the issuance of licenses as are provided to 179 city clerks by the General Laws and such additional powers and duties as may be provided by 180 law or by other vote of the city council. 181 (b) Advisory Legal Counsel - Subject to appropriation, the city council may secure legal 182

8 services, when needed, to seek a secondary legal opinion. The city council shall make a 183 reasonable request for legal services, and that request shall not be unreasonably denied by the 184 mayor. The city solicitor and any advisory legal counsel shall consult to the extent practicable 185 prior to the release of any secondary opinion. The legal services provided to the council shall not 186 include representation of the council or any councilor in any litigation, or the issuance of formal 187 legal opinions on behalf of the city. The city solicitor shall remain the only authorized officer of 188 the city in all legal matters involving the city’s government. 189 (c) Other Staff - Subject to appropriation, the city council may employ staff as it deems 190 necessary. 191 (d) Removals and Suspensions of City Council Staff - City council appointments may be 192 removed at the sole discretion of the city council subject to limitations and requirements imposed 193 by federal and state laws, rules or regulations. 194 SECTION 2-8: CITY COUNCIL CONFIRMATION OF CERTAIN APPOINTMENTS 195 (a) Department Heads - The mayor shall refer to the city council for confirmation and 196 simultaneously file with the city clerk the name of each person the mayor appoints as a 197 department head. These appointments shall be considered confirmed 30 days from the date of the 198 first regularly scheduled city council meeting after the date on which notice of the appointment 199 was filed with the city clerk, unless the city council within said 30 days shall reject the 200 appointment by the affirmative vote of 8 members. However, if no city council meeting is held 201 within the subsequent 30 days of the first meeting, the city council shall instead have 30 days 202 from the second regularly scheduled meeting after the appointment to reject the appointment. 203 The city council shall not unreasonably reject an appointment and shall accompany a rejection 204 with a written statement describing the reason, which shall be delivered to the mayor and placed 205 on file with the city clerk within 30 days of the city council’s vote rejecting an appointment. The 206 question on rejection of any appointment made by the mayor shall not be subject to the 207 procedure of charter objection provided in section 2-9(b) of this charter. 208 (b) Multiple Member Bodies - The mayor shall refer to the city council and simultaneously file 209 with the city clerk the name of each person the mayor desires to appoint as a member of a 210 multiple member body. The city council shall have 60 days after the date on which notice of the 211

9 proposed appointment was filed with the city clerk to vote to approve or reject the appointment, 212 with approval not to be unreasonably withheld. If the city council does not take action on the 213 appointment within 60 days the appointment shall be deemed approved. Multiple member body 214 members may be removed at the discretion of their appointing authority. 215 (1) All appointments to quasi-judicial bodies and regulatory bodies shall be for terms 216 established by administrative order or the General Laws. Any member of a quasi-judicial 217 body or regulatory body appointed to a successive term shall be subject to confirmation 218 by the city council under section 2-8(b) upon the expiration of each term. 219 (2) In the event of a vacancy on a multiple member body where the seat has remained 220 vacant in excess of 1 year and the mayor has not referred to the city council any proposed 221 appointees to fill the vacancy, the city council president may present to the mayor the 222 names of up to 3 persons as recommendations for appointment. The procedure for 223 selecting names of persons for presentation to the mayor shall be established within the 224 rules of the city council. 225 (3) The mayor shall twice annually, in February and August, post a complete list of the 226 vacancies on all multiple member bodies, as well as the procedures for individuals to 227 apply to become a member of such bodies. This posting shall be in addition to, and not a 228 substitute for, regular posting for the purpose of filling vacancies as they arise. 229 (c) Police and Fire Employees - The mayor shall refer to the city council and simultaneously file 230 with the city clerk the name of each person the mayor desires to appoint or promote as a member 231 or officer of the police department or the fire department. The city council shall not unreasonably 232 withhold confirmation of appointments, shall adhere to any merit principles identified in 233 applicable law, including, but not limited to applicable civil service law, and shall accompany a 234 rejection with a written statement describing the reason, which shall be delivered to and placed 235 on file with the city clerk within 30 days of that rejection. The question on confirmation of any 236 appointment submitted by the mayor shall not be subject to the procedure of charter objection 237 provided in section 2-9(b) of this charter. 238 SECTION 2-9: ORDINANCES AND OTHER MEASURES 239 (a) Measures - Every adopted measure shall become effective at the expiration of 10 days after 240

10 adoption or upon the signature of the mayor, whichever occurs first, unless the ordinance or this 241 charter provides otherwise. An ordinance shall not be amended or repealed except by another 242 ordinance adopted in accordance with this charter. 243 (b) Charter Objection - On the first occasion that the question on adoption of a measure is put to 244 the city council, a single member may object to the taking of the vote and postpone the vote until 245 the next meeting of the city council, whether regular or special. If 2 or more members object, the 246 vote shall be postponed until the next regular meeting. This procedure shall not be used more 247 than once for any specific matter regardless of whether it has been amended. A charter objection 248 shall have privilege over all motions provided, however, that it shall be raised prior to or at the 249 call for a vote by the presiding officer and all debate shall cease. 250 SECTION 2-10: ACCESS TO INFORMATION 251 (a) In General - The city council may make investigations into the affairs of the city and into the 252 conduct and performance of any city agency. Absent compelling circumstances or an emergency 253 which shall be declared on record and noted in the city council minutes, the city council shall 254 give a minimum of 14 days’ notice to any person it may require to appear before it under this 255 section. In the case of compelling circumstances or emergency, 7 days’ notice shall be allowed. 256 The notice shall include specific questions on which the city council seeks information and any 257 person called to appear before the city council under this section shall not be required to respond 258 to any question not relevant or related to those questions presented in advance and in writing. 259 The mayor shall receive a copy of any notice issued under this section at the same time as the 260 person who is requested to appear before the council. A majority vote of the city council shall be 261 required to issue notice under this section. 262 (b) Department Head - The city council may require, by majority vote, specific information from 263 a department head or their designee on any matter related to the municipal services, functions 264 and powers or duties which are within the scope of responsibility of such department head and 265 related to the official duties and responsibilities of the city council. The department head or their 266 designee shall not be required to answer questions relating to any other matter outside the scope 267 of the matter noticed or provide information the release of which is prohibited by law. 268 (c) Mayor - The city council may request, by majority vote, specific information from the mayor 269

11 on any municipal matter related to the official duties and responsibilities of the city council. The 270 mayor or their designee shall appear before the city council and respond to the questions. The 271 mayor or their designee shall not be required to answer questions relating to any other matter 272 outside the scope of the matter noticed or be required to provide information the release of which 273 is prohibited by law. The mayor may bring to this meeting any assistant, department head or 274 other city officer or employee that the mayor may consider necessary to assist in responding to 275 the questions posed by the city council. 276 SECTION 2-11: GROUP PETITIONS 277 The city council shall hold a public hearing and act with respect to every petition which is 278 addressed to it and which is signed by at least 50 municipal voters as certified by the board of 279 election commissioners. The hearing shall be held by the city council or by a committee or 280 subcommittee thereof, and the city council shall act on the petition within 3 months of filing with 281 the city clerk. Hearings on 2 or more petitions filed under this section may be held at the same 282 time and place. At least 14 days before the hearing, the city clerk shall notify the 10 petitioners 283 whose names first appear on each petition, publish a general summary of the subject matter of 284 the petition, and post notice of the date and time of the public hearing. A hearing shall not be 285 held upon any subject more than once in a 12-month period, as determined by the city council 286 president. 287 SECTION 2-12: FILLING OF VACANCIES 288 (a) Councilor At-Large - When a vacancy exists for an at-large city council seat and more than 289 180 days remain in the term, the city clerk shall notify the city council and the chairperson of the 290 board of election commissioners of the vacancy within 7 days. Within 7 days after notification, 291 the chairperson of the board of election commissioners or a designee shall certify, in writing, to 292 the city clerk that the defeated candidate for the office of councilor at-large with the next highest 293 number of votes at the prior municipal election, if willing and able to serve, shall fill the 294 remainder of the existing term. The city clerk shall administer the oath of office to the person 295 within 15 days after certification and the person shall take the seat. If the person who is eligible 296 declines the office, is not eligible and willing to serve, or fails to take the oath of office within 297 the time period set forth in this section, then the person with the next highest number of votes for 298

12 councilor at large at the prior municipal election who is eligible and willing to serve shall take 299 the seat under the same circumstances as above. If no such candidate for the office can serve, the 300 city council shall call a special election to fill the seat for the remainder of the term. If the 301 vacancy occurs with 180 days or fewer in the existing term, the vacancy shall be filled as above; 302 provided, however, if no candidate is available to take the seat, the seat shall remain vacant until 303 the next regular municipal election, and the person elected shall take office upon certification of 304 the vote, and serve for the remainder of the existing term as well as the term to which elected. 305 The city clerk shall administer the oath of office to them at the next meeting of the city council. 306 (b) Ward Councilor - If a vacancy occurs in the office of ward councilor and more than 180 days 307 remain on the existing term, the city council shall immediately order a special election to fill the 308 vacancy for the remainder of the unexpired term. If a vacancy occurs 180 or fewer days before 309 the end of the term, the seat shall remain vacant until the next regular municipal election for the 310 office and the person elected shall fill the vacancy for the remainder of the unexpired term and 311 the term to which elected. The city clerk shall administer the oath of office to the person at the 312 next meeting of the city council. 313 ARTICLE 3 314 EXECUTIVE BRANCH 315 SECTION 3-1: MAYOR: ROLE; TERM OF OFFICE; ELIGIBILITY 316 (a) Role - The chief executive officer of the city shall be a mayor, elected by the municipal 317 voters of the city at large. The role of mayor shall be a full-time position. 318 (b) Term of Office - The term of office for mayor shall be 2 years, beginning on the first business 319 day in January following the municipal election. 320 (c) Eligibility - Any statewide voter residing in Somerville shall be eligible to hold the office of 321 mayor. 322 SECTION 3-2: PROHIBITIONS 323 The mayor shall not hold another compensated city position or other elected public office. A 324 former mayor shall not hold a compensated appointed city office or city employment for 1 year 325

13 after termination of their service as the mayor. Any former mayor shall not receive compensation 326 for contracted work authorized during their tenure as the mayor. This subsection shall not 327 prevent a city officer or other city employee who has vacated a position to serve as the mayor 328 from returning to the same office or other position of city employment held when the position 329 was vacated. This prohibition shall not apply to persons covered by a leave of absence under 330 section 37 of chapter 31 of the General Laws. 331 SECTION 3-3: COMPENSATION 332 The mayor shall receive compensation for their services as set by the city council by ordinance. 333 An ordinance increasing or reducing the compensation of the mayor shall not be effective unless: 334 (1) it is adopted by affirmative vote of 8 members of the city council; 335 (2) it is adopted prior to the last 6 months of the mayor’s term; and 336 (3) it provides that the compensation increase or reduction is to take effect upon the 337 organization of the city government following the next regular municipal election. 338 SECTION 3-4: EXECUTIVE POWERS 339 (a) Executive Powers - The executive powers of the city shall be vested solely in the mayor and 340 may be exercised by the mayor either personally or through the city agencies under the general 341 supervision and control of the office of the mayor. The mayor shall cause this charter, laws, 342 ordinances and other orders of the city government to be enforced and shall cause a record of all 343 official acts of the executive branch of the city government to be kept. The mayor shall 344 supervise, direct, and be responsible for the efficient administration of all city activities and 345 functions placed under the control of the mayor by law or by this charter. The mayor or their 346 designee shall have the sole power to sign, seal, execute and deliver in behalf of the city, deeds 347 and leases of land sold or leased by the city, and other deeds, agreements, contracts, leases, 348 indentures and assurances on behalf of the city. 349 (b) Supervision of City Agencies - The mayor shall exercise general supervision and direction 350 over all city agencies, unless otherwise provided by law or by this charter. Each city agency shall 351 furnish to the mayor any information or materials the mayor may request and as the needs of the 352 office of mayor and the interest of the city may require. The mayor shall be responsible for the 353

14 efficient and effective coordination of the activities of all city agencies and may call together for 354 consultation, conference and 355 discussion, at reasonable times, all persons serving the city. 356 (c) Multiple Member Bodies - The mayor shall be, by virtue of the office, a member of every 357 appointed multiple member body of the city. The mayor may attend any meeting of an appointed 358 multiple member body of the city, including executive sessions, to participate in the discussions 359 of that body, provided, however, that the mayor shall not have the right to vote on any matter 360 before a multiple member body which they serve on solely by virtue of their office. 361 SECTION 3-5: APPOINTMENTS BY THE MAYOR 362 (a) Department Heads - The mayor shall appoint, subject to confirmation by the city council 363 under section 2-8(a), all department heads for whom no other method of appointment or 364 selection is provided by this charter. Department heads serve at the discretion of the mayor 365 subject to the limitations and requirements imposed by federal and state laws, rules or 366 regulations. 367 (b) City Attorney - The city attorney shall be appointed by the mayor, subject to confirmation by 368 the city council under section 2-8(a). The city attorney shall be appointed to a 2-year term. 369 Whenever the mayor appoints or reappoints a city attorney the mayor shall submit the name of a 370 person to serve as city attorney for confirmation under section 2-8(a). If the mayor fails to submit 371 the name of a person serving as the city attorney for confirmation of reappointment within 30 372 days of the expiration of the term, the city clerk shall place an item on the agenda for such 373 reappointment at the next regular city council meeting. 374 (c) Multiple Member Bodies - The mayor shall appoint, subject to confirmation by the city 375 council under section 2-8(b), all members of multiple member bodies for whom no other method 376 of appointment or selection is provided by administrative order or General Laws. All members 377 shall serve terms as defined by administrative order or General Laws. Upon the expiration of the 378 term of any member of a multiple member body, a successor shall be appointed in a like manner. 379 The mayor shall fill any vacancy for the remainder of the unexpired term of any member of a 380 multiple member body. 381 (d) Police and Fire Employees - The mayor may appoint and promote, subject to confirmation by 382

15 the city council, members and officers of the police department and fire department subject to 383 requirements of the state’s Civil Service law. 384 (e) City Employees - The method of appointment for all other city employees shall be as 385 prescribed by administrative order. 386 SECTION 3-6: APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER 387 The mayor shall appoint a chief administrative officer to coordinate and direct the operations and 388 functions of municipal government. The chief administrative officer shall be appointed by the 389 mayor, subject to confirmation by the city council under section 2-8(a). The appointee shall be 390 chosen on the basis of appropriate administrative and executive qualifications and shall have a 391 combination of experience, training, or education to perform the duties of the office. Whenever 392 the mayor appoints a chief administrative officer, the mayor shall submit the name of a person to 393 serve as a chief administrative officer for confirmation under section 2-8(a). 394 SECTION 3-7: TEMPORARY APPOINTMENTS TO CITY OFFICES 395 Whenever a temporary or permanent vacancy occurs in a city office that is appointed under 396 section 3-5(a) & (b), the mayor may designate a person to perform the duties of the office on a 397 temporary basis for up to 180 days until the position can be filled as provided by law or by this 398 charter. Persons serving as temporary officers under this section shall have only those powers 399 that are indispensable and essential to the performance of the duties of the office during the 400 period of temporary appointment and no others. 401 (a) Filing of a Temporary Appointment - When the mayor designates a person under this section, 402 the mayor shall file a certificate with the city clerk in substantially the following form: 403 “I designate [name of person] to perform the duties of the office of [office in which vacancy 404 exists] on a temporary basis until the office can be filled by [the regular procedure for filling the 405 vacancy or when the incumbent shall return]. I certify that this person is qualified to perform the 406 duties which will be required and that I make this designation solely in the interests of the City of 407 Somerville.” 408 (b) Extension of Temporary Appointments - If an extension of a temporary appointment is 409 necessary, the mayor may seek extensions in 90-day increments, which shall be authorized by a 410

16 majority vote of the city council. If an extension is not approved, the position shall be deemed 411 vacant. 412 SECTION 3-8: TEMPORARY APPOINTMENTS TO MULTIPLE MEMBER BODIES 413 Whenever a temporary or permanent vacancy occurs on a multiple member body that is 414 appointed under section 3-5(c), the mayor may designate a person to perform the duties of the 415 office on a temporary basis for up to 150 days until the position can be filled as provided by law 416 or by this charter. Whenever such vacancy occurs on a quasi-judicial body or regulatory body, 417 the mayor shall submit a communication to the city council with the name of such designee. If an 418 extension of a temporary appointment is necessary, the mayor may seek extensions in 60-day 419 increments, which shall be authorized by a majority vote of the city council. If an extension is 420 not approved, the position shall be deemed vacant, except on multiple member bodies where the 421 vacancy would prevent a quorum. In that instance, a temporary appointment shall be permitted to 422 remain until a successor is qualified. 423 SECTION 3-9: APPROVAL OF MAYOR, VETO 424 Every ordinance or other measure as required by law adopted or passed by the city council, 425 except any matters relating to the internal affairs of the city council, shall be presented to the 426 mayor for approval. If the mayor approves the measure, the mayor shall sign it. If the mayor 427 disapproves the measure, the mayor shall return it to the city council with the specific reason for 428 disapproval attached in writing. The city council shall enter the objections of the mayor on its 429 records and reconsider the measure at its subsequent regular meeting. If the city council, 430 regardless of the disapproval by the mayor, shall again pass the identical measure by affirmative 431 vote of 8 members of the city council, it shall then be deemed in force. If the mayor has neither 432 signed a measure nor returned it to the city council within 10 days following the date it was 433 presented to the mayor, the measure shall be deemed approved and in force. 434 SECTION 3-10: COMMUNICATIONS; SPECIAL MEETINGS 435 (a) Communications to the City Council - The mayor shall, by written communication: 436 (1) recommend to the city council for its consideration measures as the needs of the city 437 require; and 438

17 (2) keep the city council fully informed of the financial and administrative condition of 439 the city and shall specifically indicate any fiscal, financial, or administrative issues facing 440 the city. 441 (b) Special Meetings of the City Council - The mayor may call a special meeting of the city 442 council for any purpose. Unless the mayor designates an emergency, notice of the meeting shall 443 be delivered to the city clerk at least 3 business days in advance of the time set and shall specify 444 the date, time, location and the purpose for which the meeting is to be held. The city clerk shall 445 post an agenda for such meeting at least 2 business days in advance of the time set. 446 SECTION 3-11: TEMPORARY ABSENCE OF THE MAYOR 447 (a) Acting Mayor - Whenever the mayor is unable to perform the duties of the office, the 448 president of the city council shall be the acting mayor. In the event that the city council president 449 is unable to serve as acting mayor under this section, the city council shall elect a councilor to 450 serve as acting mayor by majority vote from among its membership. The city council, by the 451 affirmative vote of 8 members, shall determine whether the mayor is unable to perform the duties 452 of the office. Notwithstanding any general or special law to the contrary, the vote shall be taken 453 in public session by a roll call vote. 454 (b) Powers of Acting Mayor - The acting mayor shall have only those powers of the mayor that 455 are indispensable and essential to conduct the business of the city and on which action may not 456 be delayed. The acting mayor shall have no authority to make a permanent appointment or 457 removal from city service unless the absence of the mayor shall extend beyond 60 days, nor shall 458 the acting mayor approve or disapprove of any measure adopted by the city council unless the 459 time within which the mayor must act would expire before the return of the mayor. The city 460 council president or another councilor serving as acting mayor shall not vote as a member of the 461 city council. 462 SECTION 3-12: DELEGATION OF AUTHORITY BY MAYOR 463 The mayor may authorize and subsequently remove authorization from a subordinate officer or 464 employee of the city to exercise or perform a function or duty of the office of the mayor, 465 provided, however, that all acts performed under any delegation of authority during the period of 466 authorization shall be and remain the acts of the mayor. Nothing in this section shall be 467

18 construed to authorize the mayor to delegate the powers and duties of the mayor as a school 468 committee member, the power of appointment to city office or employment, or the authority to 469 sign or return measures approved by the city council unless the provisions of section 3-11 apply. 470 SECTION 3-13: FILLING OF PERMANENT VACANCY 471 Whenever a permanent vacancy occurs in the office of mayor, the process for filling of the 472 vacancy shall be as follows: 473 (a) If a vacancy occurs within the 6 months preceding a regular municipal election the office 474 shall be filled by vote at that election. Otherwise, the city council shall call a special election to 475 be held within 90 days following the date of the vacancy. The person elected as mayor shall take 476 office immediately upon certification of the vote and serve for the balance of the remaining term. 477 (b) The city council president shall serve as acting mayor until the vacancy is filled. If the city 478 council president is unwilling or unable to serve, the city council shall elect a councilor to serve 479 as the acting mayor by majority vote from among its membership. If the councilor serving as the 480 acting mayor chooses to run for mayor, they shall not be entitled to have the words “candidate 481 for reelection” printed with their name on the election ballot. Any person serving as acting mayor 482 shall receive the compensation then in effect for the position of mayor and shall not vote as a 483 member of the city council. The resulting vacancy on the city council shall be filled in the 484 manner provided in section 2-12. 485 ARTICLE 4 486 SCHOOL COMMITTEE 487 SECTION 4-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 488 (a) Composition - There shall be a school committee consisting of 9 members. Seven members 489 shall be nominated and elected by the municipal voters of the city, 1 member elected from each 490 ward. The mayor and the president of the city council shall serve, by virtue of their office, with 491 the same powers and duties as other school committee members, provided, however, that neither 492 shall serve as chair. 493 (b) Term of Office - The term for the school committee shall be 2 years, beginning on the first 494 business day in January following the municipal election. 495

19 (c) Eligibility - Any statewide voter residing in the ward from which election is sought shall be 496 eligible to hold the office of school committee member. If a school committee member removes 497 from the city during the committee member’s term, that office shall immediately be deemed 498 vacant and filled in the manner provided in section 4-6. If a school committee member removes 499 to another ward in the city, the member may continue to serve for the balance of the term to 500 which elected. 501 SECTION 4-2: PROHIBITIONS 502 A member of the school committee elected by ward shall not hold any other compensated city 503 position. A former member of the school committee elected by ward shall not hold any 504 compensated appointed city office or city employment for 1 year after termination of their 505 service on the school committee. This section shall not prevent a city officer or other city 506 employee who has vacated a position in order to serve as a member of the school committee 507 elected by ward from returning to the same office or other position of city employment held at 508 the time the position was vacated. 509 SECTION 4-3: COMPENSATION 510 Members of the school committee shall receive compensation for their services as set by 511 ordinance by the city council. An ordinance authorizing the compensation of the members of the 512 school committee shall not be effective unless: 513 (1) it is adopted by affirmative vote of 8 members of the city council; 514 (2) it is adopted prior to the last 6 months of the school committee’s term; and 515 (3) it provides that the compensation is to take effect upon the organization of the city 516 government following the next regular municipal election. 517 SECTION 4-4: SCHOOL COMMITTEE RULES AND PROCEDURES 518 The school committee shall determine the procedures for the election of school committee 519 officers and adopt policies and procedures relating to conducting the business of the school 520 committee. 521

20 SECTION 4-5: SCHOOL COMMITTEE POWERS AND DUTIES 522 The school committee shall have all powers which are conferred on school committees by the 523 General Laws and the additional powers and duties provided by this charter, including but not 524 limited to: 525 (1) selecting and removing a superintendent of the schools who shall be charged with the 526 administration of the school system, and appointment of all other personnel as provided 527 by the General Laws; 528 (2) adopting policies for the management of the public school system. as deemed 529 necessary or desirable; 530 (3) adopting and overseeing the administration of an annual operating budget for the 531 school department, subject to appropriation; 532 (4) providing ordinary maintenance of all school buildings and grounds, unless a central 533 municipal maintenance department, which may include maintenance of school buildings 534 and grounds, is established; and 535 (5) at least 1 member of the school committee, or a designee of the school committee, 536 shall serve on the agency, board, or committee for the planning or construction of a new, 537 remodeled, or renovated school building. 538 SECTION 4-6: FILLING OF VACANCIES 539 If a vacancy on the school committee occurs with 1 year or more remaining in the term, the city 540 council shall order a special election to fill the vacancy. If a vacancy on the school committee 541 occurs with less than 1 year before the end of the term but more than 120 days before any regular 542 municipal election, the school committee shall appoint a replacement to serve for the remainder 543 of the term from the qualified statewide voters of the ward. The school committee shall post 544 notice of the vacancy and solicitation of nominations and appoint the replacement in accordance 545 with school committee policy. If a vacancy occurs within 120 days of a regular municipal 546 election, the vacancy shall be filled by the regular election and the newly elected school 547 committee member’s term shall begin following the certification of election results. The person 548 elected shall be sworn to the office to fill the vacancy for the balance of the unexpired term as 549

21 well as the term to which elected. The city clerk shall administer the oath of office to them at or 550 before the next meeting of the school committee. 551 ARTICLE 5 552 ADMINISTRATIVE ORGANIZATION 553 SECTION 5-1: ORGANIZATION OF CITY AGENCIES 554 The organization of the city into agencies to provide services and administer the government 555 may be accomplished only through an administrative order submitted to the city council by the 556 mayor. An administrative order may not originate with the city council. The mayor may, subject 557 only to express prohibitions of General Laws or this charter, propose administrative orders to 558 establish a new agency, reorganize, consolidate or abolish any agency, in whole or in part, as is 559 deemed necessary to conduct the business of the city in an orderly, efficient or convenient 560 manner. The mayor may also propose administrative orders to establish terms of office and 561 prescribe the functions and administrative procedures to be followed by all agencies. 562 These proposed administrative orders shall be accompanied by a message from the mayor which 563 explains the expected benefits and advises the city council if an administrative order shall require 564 amendments, insertions, revisions, repeal, or otherwise of existing ordinances. Whenever the 565 mayor proposes an administrative order, the city council shall hold 1 or more public hearings on 566 the proposal and post notice. 567 An organization or reorganization plan shall become effective at the expiration of 60 days from 568 filing, unless the city council has disapproved the plan by majority vote prior to that date; 569 provided, however, that if no regular city council meeting is held within the subsequent 60 days 570 of the first regular meeting after the filing of an organization or reorganization plan, the city 571 council shall instead have 60 days from the second regular meeting. The city council may vote 572 only to approve or to disapprove the plan and may not vote to amend or to alter it. 573 SECTION 5-2: QUALIFICATIONS FOR APPOINTMENTS AND PROMOTIONS 574 All appointments and promotions of city officers and other city employees shall be made on the 575 basis of fitness demonstrated by examination, past performance, or by other evidence of 576 competence and suitability. Each person appointed to fill an office or position shall be a person 577

22 who has the experience, training, or education to perform the duties of the office or position. 578 ARTICLE 6 579 FINANCIAL PROCEDURES 580 SECTION 6-1: FISCAL YEAR 581 The fiscal year of the city shall begin on July 1 and end on June 30, unless another period is 582 required by the General Laws. 583 SECTION 6-2: COMMUNITY AND COUNCIL BUDGET INPUT 584 The city council shall hold a community budget hearing on or before February 15 of each year to 585 solicit public input regarding budget priorities. The city council shall post notice of the 586 community budget hearing 14 days in advance of the hearing. The mayor shall, at the first 587 regular meeting of the city council of each year, solicit budget priorities from all city councilors. 588 SECTION 6-3: ANNUAL BUDGET MEETING 589 On or before March 1 of each year, the mayor shall call a joint meeting of the city council and 590 school committee, including the superintendent of schools, to review the financial condition of 591 the city, revenue and expenditure forecasts for at least 3 years and other relevant information 592 prepared by the mayor in order to develop a coordinated budget. 593 SECTION 6-4: SUBMISSION OF OPERATING BUDGET; BUDGET MESSAGE 594 On or about May 30, the mayor shall submit to the city council a proposed operating budget for 595 all city agencies for the next fiscal year. The proposed operating budget shall include the school 596 budget, as adopted by the school committee, which shall be submitted to the mayor on or about 597 May 15. The proposed operating budget shall be accompanied by a budget message and 598 supporting documents. The budget message shall explain the operating budget in fiscal terms and 599 in terms of work programs for all city agencies. It shall outline the proposed fiscal policies of the 600 city for the next fiscal year, describe important features of the proposed operating budget and 601 include any major variations from the current operating budget, fiscal policies, revenues and 602 expenditures together with reasons for these changes. The proposed operating budget shall 603 provide a complete fiscal plan of all city funds and activities and shall be in the form the mayor 604

23 deems desirable, provided, however, that the budget proposals relative to elected officials shall 605 identify the cost of compensation and the cost of benefits for such officials. The mayor and the 606 superintendent of schools shall coordinate the dates and times of the school committee's budget 607 process under the General Laws. 608 SECTION 6-5: ACTION ON THE OPERATING BUDGET 609 (a) Public Hearing - The city council shall post a notice of the proposed operating budget as 610 submitted by the mayor. The notice shall state: (1) the times and places where copies of the 611 entire proposed operating budget are available for inspection by the public; and (2) the date, time 612 and place when a public hearing on the proposed operating budget shall be held by the city 613 council, at least 7 days after posting of the notice. The city council shall not act on the budget 614 until after the public hearing has occurred. 615 (b) Adoption of the Budget - The city council shall take action on the proposed operating budget, 616 which may have amendments, before the end of the fiscal year. In amending the proposed 617 operating budget, the city council may delete or decrease amounts except expenditures required 618 by law, provided, however, that the city council shall not increase any specific item or the total 619 of the proposed operating budget except on the recommendation of the mayor or unless 620 otherwise authorized by the General Laws. If the city council fails to act on an item in the 621 proposed operating budget prior to the beginning of the fiscal year, that amount shall, without 622 any action by the city council, become a part of the appropriations for the year and be available 623 for the purposes specified. 624 (c) Availability of the Operating Budget - In addition to any other posting requirements, 625 immediately after the submission of the proposed budget to the city council, the mayor or their 626 designee shall post the entire budget document on the city website, where it shall remain posted 627 during the city council review process contained in this article. After the enactment of the budget 628 the mayor or their designee shall post the final budget on the city website where it shall remain 629 throughout the fiscal year for which it is in effect. The final budget shall reflect any amendments 630 made by the city council and approved by the mayor and shall indicate that it is the final budget. 631 SECTION 6-6: CAPITAL IMPROVEMENT PROGRAM 632 (a) Submission - The mayor shall submit a capital improvement program to the city council on or 633

24 about November 1 of each year. The mayor shall annually revise the information regarding the 634 capital improvements still pending or in the process of being acquired, improved, or constructed. 635 The capital improvement program shall include: 636 (1) a general summary of its contents; 637 (2) a list of all capital improvements proposed to be undertaken during the next 5 years, 638 with supporting information as to the need for each capital improvement; 639 (3) cost estimates, methods of financing, and recommended time schedules for each 640 improvement; and 641 (4) the estimated annual cost of operating and maintaining each facility and piece 642 of major equipment involved. 643 (b) Public Hearing - The city council shall post a notice stating: 644 (1) the times and places where entire copies of the capital improvements program are 645 available for the public; and 646 (2) the date, time, and place of a public hearing on the plan to be held by the city council 647 between 14 and 21 days after posting of the notice. 648 (c) Adoption - Following the public hearing, but not later than December 1, the city council shall 649 by resolution adopt or reject the capital improvements program. The mayor may amend the 650 adopted program, provided that each amendment shall be voted on separately, and that an 651 increase in the capital improvements program as submitted shall clearly identify the method of 652 financing to accomplish the proposed increase. 653 SECTION 6-7: INDEPENDENT AUDIT 654 The mayor shall annually provide for an outside audit of the books and accounts of the city in the 655 form of an Annual Comprehensive Financial Report to be conducted by a certified public 656 accountant or a firm of certified public accountants, which has no personal interest, direct or 657 indirect, in the fiscal affairs of the city or any of its officers. The scope of the audit shall specify 658 that each year of the audit engagement, a different department, division or program shall be 659 subject to an expanded scope audit or internal control review. The city council may, by majority 660

25 vote, determine the department, division or program to be subject to an expanded scope audit or 661 internal control review. The award of a contract to audit shall be made by the mayor on or before 662 September 15 of each year. The report of the audit and all accompanying documents, including a 663 management letter so-called shall be filed in final form with the city council no later than March 664 1 in the year following its award. The certified public accountant or firm of certified public 665 accountants shall make a presentation to the city council as soon as practicable after said March 666 1 but no later than May 31 of each year. At least every 3 years, the mayor shall conduct a 667 procurement process using sound business practices to retain these services. 668 SECTION 6-8: EXPENDITURES IN EXCESS OF APPROPRIATIONS 669 Except as otherwise provided by law, an official of the city shall not knowingly or intentionally 670 expend in a fiscal year sums in excess of the appropriations, awards, grants or gifts duly made in 671 accordance with law or involve the city in any contract for the future payment of money in 672 excess of these appropriations, awards, grants or gifts. It is the intention of this section that 673 section 31 of chapter 44 of the General Laws shall be strictly enforced. Any official who violates 674 this section shall be personally liable to the city for any amounts so expended to the extent that 675 the city does not recover these amounts from the person to whom the sums were paid. 676 ARTICLE 7 677 ELECTIONS 678 SECTION 7-1: PRELIMINARY ELECTIONS 679 A preliminary election to nominate candidates for mayor, councilors at-large, ward councilors, 680 and school committee members shall be held on the third Tuesday in September in each odd- 681 numbered year in which the candidates are to be elected. The city clerk may, with the approval 682 of the city council, reschedule the preliminary election to the fourth Tuesday in September to 683 avoid a conflict with any civil or religious holiday. Whenever a special election to fill a vacancy 684 is to be held, a preliminary election shall be conducted, if necessary, not less than 28 days before 685 the date established for the special election. A preliminary election to fill a vacancy in the office 686 of ward councilor or school committee member shall be held only in the ward where there is a 687 vacancy. 688

26 SECTION 7-2: PRELIMINARY ELECTION PROCEDURES 689 (a) Signature Requirements - The number of signatures of municipal voters required to place the 690 name of a candidate on the official ballot to be used at a preliminary election shall be as follows: 691 (1) Mayor - at least 250 certified signatures; 692 (2) At-Large City Councilor - at least 100 certified signatures; 693 (3) Ward City Councilor - at least 50 certified signatures, all of which shall be certified as 694 being from the ward from which election is sought; and 695 (4) School Committee Member - at least 50 certified signatures, all of which shall be 696 certified as being from the ward from which election is sought. 697 (b) Forms - Signatures of municipal voters shall be made on a form prescribed by the board of 698 election commissioners and shall be made available not earlier than April 2 in each municipal 699 election year. The forms shall be submitted to the board of election commissioners for 700 certification of the names on or before the fourteenth day preceding the date fixed for submission 701 to the city clerk. The forms shall be submitted to the city clerk on or before 5:00 p.m. on the 702 forty-fifth day prior to the declared date of the preliminary election. An individual may appear on 703 the ballot for only 1 office at any preliminary, regular or special municipal election. 704 (c) Ballot Position - The order in which names of candidates for each office appear on the ballot 705 shall be determined by a drawing conducted by the city clerk at least 40 days before the 706 preliminary election. The drawing shall be open to the public. 707 (d) Determination of Candidates: 708 (1) Offices of Mayor, Ward Councilor, and School Committee - the 2 candidates who 709 receive the highest number of votes for nomination to each office at the preliminary 710 election shall, except as provided by paragraph 7-3(d)(3), be the candidates for that 711 office. The candidates’ names shall be printed on the official ballot to be used at the 712 regular or special municipal election at which the office is to be voted upon and an 713 acceptance of a nomination shall not be necessary to its validity. 714 (2) Offices of City Councilor At-Large - the 8 people who receive the highest number of 715

27 votes for nomination to the office shall, except as provided by section 7-3(e), be the 716 candidates for the office. The candidates’ names shall be printed on the official ballot to 717 be used at the regular or special municipal election at which the office is to be voted upon 718 and an acceptance of a nomination shall not be necessary to its validity. 719 (3) Preliminary Results; Tied Vote - If there is a tie among candidates for the last 720 available ballot position for any given elected office, then all candidates receiving the 721 same number of votes for the office shall be printed on the regular municipal election 722 ballot, notwithstanding any other provisions in this charter specifying the number of 723 candidates to be printed on the election ballot. 724 (e) Condition Making Preliminary Unnecessary - If the time for filing statements of candidates to 725 be on the ballot for any preliminary election has expired, and the number of statements filed with 726 the city clerk for an office is not more than 2 for the office of mayor, any ward councilor or 727 school committee member, and 8 for the office of city councilor at-large, the candidates whose 728 statements have been filed shall be deemed nominated to that office. Those candidates shall be 729 voted on for the office at the regular or special municipal election. The city clerk shall not print 730 those names on the ballot to be used at the preliminary election and another nomination to the 731 office shall not be made, and a preliminary election shall not be held for the office or offices. 732 SECTION 7-3: REGULAR MUNICIPAL ELECTION 733 The regular municipal election shall be held on the Tuesday following the first Monday in 734 November in each odd-numbered year. 735 SECTION 7-4: BALLOT POSITION, REGULAR MUNICIPAL ELECTION 736 The order in which names of candidates for each office appear on the ballot shall be determined 737 by a drawing conducted by the city clerk not later than 7 days after the certification of the 738 preliminary election results. If there is no preliminary election in advance of the regular 739 municipal election or a special election, the drawing shall be conducted on the Tuesday 6 weeks 740 prior to the election. The drawing shall be open to the public. 741 SECTION 7-5: NON-PARTISAN ELECTIONS 742 All elections for city offices shall be non-partisan and election ballots shall be printed without 743

28 any party mark, emblem or other political designation. 744 SECTION 7-6: WARDS 745 The territory of the city shall be divided into 7 wards by the city clerk to consist of as nearly an 746 equal number of inhabitants as it is possible to achieve, based on compact and contiguous 747 territory, bounded as far as possible by the center line of known streets or ways or by other well- 748 defined limits. Each ward shall be composed of voting precincts established under the General 749 Laws. The city council shall review these wards to ensure uniformity in the number of 750 inhabitants at least once every 10 years. 751 SECTION 7-7: APPLICATION OF STATE GENERAL LAWS 752 Except as otherwise expressly provided in this charter and authorized by law, all municipal 753 elections shall be governed by the General Laws relating to the right to vote, the registration of 754 voters, the nomination of candidates, voting places, the conduct of preliminary, regular and 755 special municipal election, the submission of charters, charter amendments and other 756 propositions to the voters, the counting of votes, the recounting of votes, and the determination 757 of results. 758 ARTICLE 8 759 GENERAL PROVISIONS 760 SECTION 8-1: CHARTER CHANGES 761 This charter may be replaced, revised or amended in accordance with the state constitution or the 762 General Laws. 763 SECTION 8-2: SPECIFIC PROVISION TO PREVAIL 764 To the extent that a specific provision of this charter conflicts with any provision expressed in 765 general terms, the specific provision of this charter shall prevail. 766 SECTION 8-3: RULES AND REGULATIONS 767 A copy of all rules and regulations adopted by a city agency shall be posted to the city website. 768 Unless an emergency exists, as determined by the mayor, a rule or regulation adopted by a city 769 agency shall not become effective until at least 5 days following the date it is posted. This 770

29 section shall not apply to internal operating protocols and policies enacted by city departments. 771 SECTION 8-4: PERIODIC REVIEW OF CHARTER 772 The mayor and city council shall provide for a review to be made of the city charter at least once 773 every 10 years to determine the need, if any, for changes and prepare recommendations 774 addressing any proposed changes. The manner of the review shall be established by ordinance 775 and incorporate opportunities for community input. The report of the committee and 776 accompanying recommendations, if any, shall be filed with the city clerk on a date specified by 777 ordinance. 778 SECTION 8-5: PERIODIC REVIEW OF ORDINANCES 779 The mayor and city council shall provide for a review to be made of some or all of the city 780 ordinances at least once every 10 years to determine the need for amendments, if any. Such 781 review shall be scheduled to follow the charter review as provided in section 8-4 of the charter 782 by at least 1 year. The manner of the review shall be established by ordinance. The review of city 783 ordinances shall be under the supervision of the city attorney and incorporate opportunities for 784 community input. The recommendations shall be filed with the city clerk on a date specified by 785 ordinance. 786 SECTION 8-6: PERIODIC REVIEW OF MULTIPLE MEMBER BODIES 787 The mayor and the city council shall provide for a review to be made of all multiple member 788 bodies at least once every 10 years, provided, however, that such bodies as are required in cities 789 by the General Laws shall not be included in such review. This review shall be made by a special 790 committee whose membership and term shall be determined by ordinance, and the initial review 791 shall be implemented as provided in section 9-7(d). The special committee shall file its report 792 with the city clerk on a date specified by ordinance. The committee’s report should include an 793 assessment of the function and relevance of multiple member bodies included in the review, and 794 may include recommendations to combine, dissolve or create multiple member bodies to address 795 redundancies or emerging concerns of the city. 796 SECTION 8-7: UNIFORM PROCEDURES GOVERNING MULTIPLE MEMBER BODIES 797 Open meeting law and procedures in the General Laws shall apply to the proceedings of multiple 798

30 member bodies, and shall include the following: 799 (1) Officers - All appointed multiple member bodies shall elect a chair, a vice-chair and 800 any other officer it deems necessary. 801 (2) Meetings - All appointed multiple member bodies of the city shall meet regularly at 802 the times and places that the multiple member body, by the body’s own rules, prescribe. 803 Special meetings of any multiple member body shall be held at the call of the chair or by 804 a majority of the members of the body. Notice of the meeting shall be posted as required 805 by law. Except as may otherwise be authorized by law, all meetings of all multiple 806 member bodies shall, at all times, be open to the public. 807 (3) Meeting Documents and Submissions - Each appointed multiple member body shall 808 determine its own rules and order of business. Each multiple member body shall provide 809 for the keeping of agendas, minutes and related submissions of its proceedings. All 810 documents shall be a public record and certified copies shall be placed on file in the 811 office of the city clerk within a reasonable period from the date of approval. 812 (4) Voting - If requested by any member, a vote of an appointed multiple member body 813 shall be taken by a roll call vote and the vote of each member shall be recorded in the 814 minutes, provided, however, that if the vote is unanimous only that fact need be recorded. 815 Unless some other provision is made by the multiple member body's own rules while a 816 quorum is present, except on procedural matters, any action on a matter representing an 817 exercise of the powers of the multiple member body shall require a majority vote. 818 General Laws related to a vote to meet in executive session shall always require a 819 majority of members of the body. 820 SECTION 8-8: REFERENCES TO GENERAL LAWS 821 All references to General Laws contained in this charter refer to the Massachusetts General Laws 822 and are intended to refer to and to include any amendments or revisions to chapters or sections or 823 to the corresponding chapters and sections of any rearrangement, revision or recodification of 824 statutes enacted or adopted subsequent to the adoption of this charter. 825

31 SECTION 8-9: COMPUTATION OF TIME 826 In computing time under this charter, the day of the act or event after which the designated time 827 period begins to run shall not be included. The last day of the period shall be included, unless it 828 is a Saturday, Sunday or legal holiday, in which event the period shall be extended to the next 829 business day. 830 SECTION 8-10: OATHS OR AFFIRMATIONS 831 (a) Officials Elected in Regular Municipal Elections - On the first business day in January of 832 each even-numbered year, the city council members-elect, the school committee members-elect 833 and the mayor-elect, shall meet and take an oath or affirmation to faithfully discharge the duties 834 of their office. The oath or affirmation shall be administered by the city clerk, the assistant city 835 clerk, a judge of a court of record or by a justice of the peace. Each official taking the oath or 836 affirmation shall also sign a written version, which shall be kept in a bound book maintained by 837 the city clerk. If the mayor-elect or any member-elect of the city council or school committee is 838 absent on the day the oath is administered, the oath or affirmation shall be administered at any 839 time within 10 days of the first business day of January, unless circumstances beyond the control 840 of the officer-elect prevent such action, but in no instance shall the time period to be sworn to 841 office extend beyond 30 days from the first business day of January. 842 (b) Other Elected Officials and Appointed Positions - Except as otherwise provided by law, 843 every person who is elected or appointed to an office or as a member of a multiple member body 844 shall take an oath or affirmation before performing any act under this election or appointment. A 845 record of this oath or affirmation shall be kept by the city clerk. 846 SECTION 8-11: LIMITATION ON OFFICE HOLDING 847 Unless otherwise allowed by law or this charter, a person shall not simultaneously hold more 848 than 1 office or position of employment with the city. This section may be waived by the mayor 849 by filing a notice of the waiver with an explanation and justification with the city clerk. 850 SECTION 8-12: FELONY CONVICTION 851 An elected official who has been convicted of a state or federal felony while holding office shall 852 be deemed to have vacated the office. 853

32 SECTION 8-13: ENFORCEMENT OF CHARTER PROVISIONS 854 It shall be the duty of the mayor to see that this charter is faithfully followed and complied with 855 by all city agencies and employees. Whenever it appears to the mayor that a city agency or 856 employee is not following this charter, the mayor shall, in writing, cause notice to be given to 857 that agency or employee directing compliance with this charter. Whenever it appears to the city 858 council that the mayor is not following this charter, the city council shall, by resolution, direct 859 the attention of the mayor to those areas in which it believes there is a failure to comply with this 860 charter. The procedures made available in chapter 231A of the General Laws may be used to 861 determine the rights, duties, or other legal relations arising under this charter, including any 862 question of construction or validity which may be involved in that determination. 863 ARTICLE 9 864 TRANSITION PROVISIONS 865 SECTION 9-1: CONTINUATION OF EXISTING LAWS 866 (a) All General Laws, special laws, city ordinances, city council votes, rules and regulations of or 867 pertaining to the city that are in force when this charter takes effect, and not specifically or by 868 implication repealed by this charter, shall continue in full force and effect until amended or 869 repealed, or rescinded by due course of law, or until they expire by their own limitation. In any 870 case in which the provisions of this charter are found to be inconsistent with the provisions of 871 any general or special law that would otherwise be applicable, the provisions of this charter shall 872 prevail. 873 (b) Except as otherwise provided in this charter, the city shall not be subject to provisions of 874 chapter 31 of the General Laws. Uniform positions within the police department and the fire 875 department below the rank of chief of department shall continue to be subject to said chapter 31. 876 Tenured civil service employees of the city shall continue to be subject to the provisions of said 877 chapter 31 in the classification held at the time of the effective date of this charter. 878 SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION 879 All city agencies and city officials shall continue to perform their duties until reappointed, until 880 successors to their respective positions are appointed or until their duties have been transferred 881

33 and assumed by another city agency. All officers and department heads previously appointed or 882 appointed and confirmed at the time this charter takes effect shall not be required to be re- 883 appointed or re-appointed and confirmed, unless otherwise provided by this charter. 884 SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY 885 All records and property of any city agency, or part thereof, the powers and duties of which are 886 assigned in whole or in part to another city agency, shall be transferred forthwith to that agency. 887 SECTION 9-4: CONTINUATION OF PERSONNEL 888 All city office holders and employees shall retain the office, position or 889 employment they hold, and shall continue to perform the duties of the office, position or 890 employment until their employment or position is otherwise terminated or other provisions are 891 made. A person in full-time service of the city shall not forfeit accrued time in service of the city 892 as a result of adoption of this charter. 893 SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC. 894 All official bonds, recognizances, obligations, contracts and other instruments entered into or 895 executed by, with, or on the behalf of the city before the adoption of this charter, shall continue 896 to be obligations of the city; and all taxes, assessments, fines, penalties and forfeitures, incurred 897 or imposed, due or owing to the city, shall be enforced and collected; and all writs, prosecutions, 898 actions and causes of action, except as herein otherwise provided, shall continue without 899 abatement and remain unaffected by this charter; and any legal act done by or in favor of the city 900 shall not be rendered invalid by reason of the adoption of this charter. 901 SECTION 9-6: DISPOSITION OF CERTAIN SPECIAL ACTS 902 (a) Certain Special Acts repealed - The following special acts are hereby repealed: St.1899, c. 903 240, establishing a charter for the city of Somerville; provided, however, that section 38 904 establishing the composition and term of the board of health, section 39 establishing the 905 composition and term of the board of library trustees, and section 43 requiring that the 906 purchasing agent make all city purchases, shall remain in effect until such time as the city acts 907 under Article 5 of the charter to enact 1 or more administrative orders; St. 1982, c. 656 908 authorizing the mayor and council salaries to be set by ordinance; St. 1989, c. 355, establishing 909

34 a 3 year term for the city clerk;, St. 2014, c. 90, filling a vacancy in the office of mayor; St. 910 2018, c. 355, replacing the words “board of aldermen” and “alderman”, with the words “city 911 council” and “councilor”, replacing the words “alderman at-large” with the words “councilor 912 at-large”, and replacing the words “aldermen-elect” with the words “council-elect”, and St. 2022, 913 c. 312, making c. 240 of 1899 gender neutral. 914 (b) Certain Special Acts Recognized and Retained - The following special acts, including those 915 which amended Chapter 240 of the Acts of 1899, relating to the organization of the city's 916 government, are recognized and retained as follows, notwithstanding any reference to said c. 917 240: St. 1923, c.191, St. 1939, c.190, and St. 2018, c.410 relating to the Licensing Commission; 918 St. 1928, c. 41 and c. 81, St. 2021, c. 63 relating to the Board of Appeals; St. 1928, c. 82, St. 919 2018, c. 410, and St. 2012, c. 400 relating to the Board of Election Commissioners; St. 1934, c. 920 294 relating to the Auditor, St. 1934, c. 295 relating to the Treasurer; St. 1953, c. 653, St. 1988, 921 c. 94, ss. 40, 40A, B, C, and D, St. 2004, c. 317, and St. 2008, c.112 relating to the Department 922 of Public Works; St. 1977, c. 644 relating to the School Committee; St. 1985, c. 23, and St. 2012, 923 c. 400 relating to the Board of Assessors; St. 1991, c. 390 relating to the Disabilities 924 Commission; St. 2008, c. 106 establishing the Municipal Hearing Officer; St. 2012, c. 381, and 925 St. 2016, c. 142 relating to the Alcoholic Beverages Commission; St. 2018, c. 364 relating to the 926 Redevelopment Authority; St. 1978, c.297, St. 2012, c.312. and St. 2012, c. 400 relating to the 927 Traffic Commission; and ss. 1-10, 26, 50, 43, 47, 48, 49, 50, 56, 57, 58, 59 and 60 of c. 400 of 928 the Acts of 2012 until such time as the city acts under Article 5 of this charter to adopt 1 or more 929 administrative orders. 930 SECTION 9-7: TIME OF TAKING EFFECT 931 (a) The provisions of section 3-6 of this charter relating to the appointment of the Chief 932 Administrative Officer shall take effect following the regular municipal election in 2025. 933 (b) The provisions of Article 7 relating to municipal elections shall be in effect for the 934 preliminary and regular municipal elections to be held in 2027. 935 (c) The provisions of Article 6 relating to the operating budget, the capital improvements 936 program, and the municipal audit shall take effect for the fiscal year beginning July 1, 2026 (FY 937 2027). 938

35 (d) Within 180 days of the adoption of this charter, the mayor shall promulgate and submit an 939 administrative order pursuant to Article 5 establishing a selection process for a city attorney. Any 940 such selection process shall include the establishment of a special screening committee to review 941 candidates for the position of city attorney. Said special screening committee shall include at 942 least 1 member of the city council, designated by the city council president. Nothing in this 943 section shall be deemed to apply to the reappointment of a city attorney. 944 (e) Creation of Public Financing of Campaigns Committee - Within 6 months of the adoption of 945 this charter, the city council shall create a public financing of campaigns committee to study 946 public financing mechanisms and prepare recommendations with the goal of making running for 947 office in the city more accessible to potential candidates. The directive of this study committee is 948 to consider a full range of options as practicable, provide analysis on the potential benefits and 949 barriers of each option, and consider which should be recommended to the city council for its 950 consideration. 951 The committee shall consist of 9 members: 1 shall be the chair of the board of elections 952 commissioners or their designee, 1 shall be the city council president or their designee, 1 shall be 953 the chair of the school committee or their designee, 2 shall be city residents appointed by the city 954 council, 2 shall be city residents appointed by the school committee, 2 shall be city residents 955 appointed by the mayor. The committee shall elect a chair and establish the schedule of its 956 meetings. The committee shall issue recommendations to the city council within 12 months of 957 the appointment of all of the members. The city council shall take action on the 958 recommendations within 90 days of receipt. If the city council has already taken action 959 consistent with this provision, no action is necessary. 960 (f) Creation of Ranked Choice Voting Implementation Committee - Within 6 months of the 961 adoption of this charter, the city council shall create a ranked choice voting committee to propose 962 a measure to adopt ranked-choice voting and submit a report on ranked-choice voting in the city. 963 A voting method shall be considered ranked choice voting if the municipal voter ranks 964 candidates in order of preference. The committee’s report shall include: 965 (1) the elected offices to be selected by this voting method; 966 (2) a timeframe and strategy for implementation; 967

36 (3) infrastructure and equipment requirements; 968 (4) a cost analysis; 969 (5) a comparative analysis of other voting methods; 970 (6) an analysis of potential equity concerns; and 971 (7) a community education plan. 972 If the city council has already taken action consistent with this provision, no action is necessary. 973 The goal of this committee is to implement ranked choice voting in order to more accurately 974 reflect the will of the voters, increase the number and diversity of candidates, lower barriers to 975 candidate participation and increase transparency of elections. 976 The committee shall consist of 9 members: 1 shall be the chair of the board of elections 977 commissioners or their designee, 1 shall be the city council president or their designee, 1 shall be 978 the chair of the school committee or their designee, 2 shall be city residents appointed by the city 979 council, 2 shall be city residents appointed by the school committee, 2 shall be city residents 980 appointed by the mayor. The committee shall elect a Chair and establish the schedule of its 981 meetings. The committee shall propose a measure to the city council within 18 months of the 982 appointment of its full membership. The city council shall take action on the measure within 90 983 days of receipt. 984 (g) Initial Periodic Review of Multiple Member Bodies - The mayor and the city council shall 985 convene the first periodic review of multiple member bodies committee, pursuant to section 8-6, 986 within 6 months of the adoption of this charter. The committee’s report should include: 987 (1) an assessment of the functions and relevancies of the city’s current multiple member 988 bodies; 989 (2) a review of activities of multiple member bodies from recent years; 990 (3) the ability of the city to fill appointments to the body; and 991 (4) recommendations for combining, terminating, or establishing new multiple member 992 bodies. 993 If the city council has already taken action consistent with this provision, no action is necessary. 994

37 The committee shall consist of 5 members: 1 shall be the mayor or their designee, 1 shall be the 995 city council president or their designee, 1 shall be the city clerk, 1 shall be a city resident 996 appointed by the mayor, 1 shall be a city resident appointed by the city council. 997 The committee shall submit a report to the city council. The city council shall respond to and 998 vote on the recommendations within 90 days of receipt. 999 (h) The city council shall consider the acceptance of section 91 of chapter 41 of the General laws 1000 within 120 days of the adoptions of this charter. 1001 SECTION 2. The city clerk shall cause the following question to be place on the official ballot to 1002 be used in the city of Somerville at the regular municipal election to be held on November 4, 1003 2025: Shall the city adopt Chapter XXX of the Acts of 2025 that provides a special act charter 1004 for the city of Somerville? The city attorney shall prepare the summary of the proposed special 1005 act charter which shall appear on the ballot along with the question provided in this section and 1006 the city attorney shall submit the question and summary to the city clerk in accordance with 1007 section 42C of chapter 54 of the General Laws. 1008 SECTION 3. Section 1 shall take effect upon acceptance by a majority of the voters of the city 1009 voting in the affirmative, but not otherwise. 1010 SECTION 4. Section 2 shall take effect upon passage. 1011

38 AN ACT ESTABLISHING A CHARTER FOR THE CITY OF SOMERVILLE PETITION ___________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court Assembled. The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill or resolve. PETITIONERS: LEGISLATOR/CITIZEN DISTRICT/FULL MAILING ADDRESS Use "TABLE > INSERT > ROWS BELOW" to add more lines for petitioners' signatures. CHIEF SPONSOR: