Matters ▸ Attachment
HRP Charter Revision — File 25-0482
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ProposedVoted, 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.
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AN ACT ESTABLISHING A CHARTER FOR THE CITY OF SOMERVILLE
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by
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the authority of the same as follows:
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SECTION 1. The following shall be the charter for the city of Somerville Charter Text:
PREAMBLE
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We, the people of Somerville, with our diversity in culture and thought, in order to reaffirm the
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liberties of the people with respect to the conduct of our local government, adopt this charter to
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continue and enhance the city’s strong traditions of the pursuit of justice; empowerment of
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residents; ethical, transparent and responsive leadership; wise use of public resources;
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representation for all; and an engaged populace. We expect that our government will be
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approachable, accountable, equitable, inclusive, and respectful towards all people, and it will
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strive to provide all residents an equal opportunity to participate fully in the economic, cultural
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and intellectual life of the city.
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ARTICLE 1
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INCORPORATION; SHORT TITLE; DEFINITIONS
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SECTION 1-1: INCORPORATION
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The residents of the City of Somerville within the territorial limits established by law, shall
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continue to be a municipal corporation, a body corporate and politic, under the name "City of
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Somerville.”
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SECTION 1-2: SHORT TITLE
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This instrument shall be known and may be cited as the City of Somerville Charter (“charter”).
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SECTION 1-3: SEPARATION OF POWERS
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The administration of the fiscal, prudential and municipal affairs of the city shall be vested in an
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executive branch led by a mayor and a legislative branch consisting of a city council. The
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legislative branch shall never exercise any executive power and the executive branch shall never
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exercise any legislative power.
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SECTION 1-4: POWERS OF THE CITY
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Subject only to express limitations on the exercise of any power or function by a municipal
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government in the constitution or General Laws, it is the intention and the purpose of the
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municipal voters of the city, through the adoption of this charter, to secure for themselves and
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their government all of the powers it is possible to secure as fully and as completely as though
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each power were specifically and individually enumerated in this charter.
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SECTION 1-5: CONSTRUCTION
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The powers of the city under this charter are to be construed liberally in favor of the city and the
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specific mention of any particular power is not intended to limit the general powers of the city as
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stated in section 1-4. To the extent that any provision of this charter shall conflict with any
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special act or law adopted by the city to the contrary, the provisions of this charter shall prevail.
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SECTION 1-6: INTERGOVERNMENTAL RELATIONS
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Subject only to express limitations in the constitution or General Laws, the city may exercise any
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of its powers or perform any of its functions and may participate in the financing thereof, jointly
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or in cooperation, by contract or otherwise, with the commonwealth or any of its agencies or
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political subdivisions, or with the United States government or any of its agencies.
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SECTION 1-7: DEFINITIONS
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Unless the context clearly requires otherwise, the following terms shall have the following
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meanings as used in this charter:
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(1) “Business day”, any day that is not a Saturday, Sunday, or legal holiday. For the
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purposes of this definition, legal holiday shall mean Massachusetts legal holidays as
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published by the secretary of the commonwealth.
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(2) “Charter”, this charter and any adopted amendments to it.
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(3) “City” or “city”, the City of Somerville.
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(4) “City agency”, any multiple member body, department, division or office of the city.
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(5) “City officer” or “department head”, a person having charge of a city office or
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department.
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(6) “City website”, an online site established and maintained by the city as its repository
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of municipal information.
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(7) “Emergency”, a sudden, generally unexpected occurrence or set of circumstances
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demanding immediate action or response.
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(8) “General Laws”, the Massachusetts General Laws.
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(9) “Majority vote”, a majority of the present and voting members of a body, unless
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otherwise provided for by law or by the body’s own rules. Provided, however, that
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General Laws related to any vote to meet in executive session shall always require a
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majority of the full multiple member body.
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(10) “Measure”, any ordinance, order, other vote or proceeding adopted, or proposed to
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be adopted, by the city council or the school committee.
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(11) “Multiple member body”, any council, commission, committee, subcommittee or
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other body consisting of 2 or more persons, whether elected, appointed or otherwise
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constituted, but not including the city council or its committees, the school committee or
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its subcommittees or an advisory committee or task force established by the mayor or city
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council.
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(i) “Quasi-judicial body”, any multiple member body which resolves specific
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disputes, or makes determinations about the rights, obligations or privileges of
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identifiable parties.
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(ii) “Regulatory body”, any multiple member body responsible for establishing or
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enforcing rules or regulations.
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(12) “Municipal voter”, anyone who is eligible to vote in a municipal election pursuant to
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this charter.
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(13) “Organization or reorganization plan”, a plan submitted by the mayor to the city
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council which proposes:
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(i) a change in the organization or the administrative structure of the city
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administration or organization; or (ii) a change in the way in which municipal
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services are delivered.
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(ii) a change in the way in which municipal services are delivered.
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(14) “Post”, make available publicly on the city website, at city hall, in a local newspaper
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and or as otherwise may be required by law. For the purposes of this definition, a local
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newspaper shall be a newspaper of general circulation within the city, with either weekly
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or daily circulation. The city council president may, from time to time, select a local
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newspaper for posting according to a procedure that shall be set forth in the rules of the
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city council.
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(15) “Quorum”, a majority of all voting members of a multiple member body unless
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some other number is established by law or by ordinance.
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(16) “Statewide voter”, anyone who is eligible to vote pursuant to state and federal law.
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(17) “Year”, a calendar year, unless otherwise specified.
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ARTICLE 2
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LEGISLATIVE BRANCH
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SECTION 2-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY
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(a) Composition - There shall be a city council consisting of 11 members which shall exercise
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the legislative powers of the city. Four of these members, to be known as councilors at-large,
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shall be nominated and elected by the municipal voters at large. Seven of these members, to be
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known as ward councilors, shall be nominated from and elected by the municipal voters in each
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ward, with 1 ward councilor to be elected from each of the 7 wards into which the city is divided
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under section 7-7.
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(b) Term of Office - The term of office for councilors shall be 2 years each, beginning on the
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first business day in January following the municipal election.
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(c) Eligibility - Any statewide voter residing in the city shall be eligible to hold the office of
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councilor at-large. Any statewide voter residing in the ward from which election is sought shall
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be eligible to hold the office of ward councilor. If the city council determines that a ward
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councilor or a councilor at-large has removed from the city during the councilor’s term, that
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office shall immediately be deemed vacant and filled in the manner provided in section 2-12. A
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ward councilor who removes from the ward in which the councilor was elected and who remains
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a municipal voter of the city may continue to serve the balance of the term to which elected.
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SECTION 2-2: PROHIBITIONS
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(a) Holding Other City Position – Except as otherwise provided by this charter, a member of the
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city council shall hold no other compensated city position. A former member of the city council
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shall not hold any compensated appointed city position for 1 year after termination of their
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service on the city council, unless approvedthe city council approves a waiver of this provision
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by affirmative vote of 8 members of the city council. This section shall not prevent a city
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employee who vacated a position to serve as a member of the city council from returning to the
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same position upon the expiration of the term for which that person was elected.
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(b) Interference with Administration - The city council or any member of the city council shall
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not give orders or directions to any employee of the city appointed by the mayor, either publicly
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or privately.
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SECTION 2-3: COMPENSATION
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The members of the city council shall receive compensation for their services as set by
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ordinance. An ordinance increasing or reducing the compensation of the members of the city
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council shall not be effective unless:
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(1) it is adopted by affirmative vote of 8 members of the city council;
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(2) it is adopted prior to the last 6 months of the city council’s term; and
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(3) it provides that the compensation increase or reduction is to take effect upon the
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organization of the city government following the next regular citymunicipal election.
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SECTION 2-4: GENERAL POWERS
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Except as otherwise provided by the General Laws or by this charter, all powers of the city shall
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be vested in the city council which shall provide for the performance of all duties and obligations
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imposed upon the city by law.
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SECTION 2-5: EXERCISE OF POWERS; QUORUM; RULES
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(a) Exercise of Powers - Except as otherwise provided by General Laws or by this charter, the
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legislative powers of the city council may be exercised in a manner determined by the city
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council.
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(b) Quorum - Once a quorum is present, a majority vote shall be required to adopt any ordinance,
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except as otherwise provided by General Laws or by this charter.
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(c) Rules of Procedure - The city council shall adopt rules regulating the procedures of the city
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council, which shall be subject to adoption, amendment or repeal by vote of the city council.
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(d) Meetings - Regular meetings of the city council shall be held at a time and place fixed by
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ordinance.
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(e) Special meetings of the city council shall be held at the call of the president or at the call of
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any 6 or more members, for any purpose. Except in an emergency as declared by the city council
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president, notice of the meeting shall be delivered to each member by hand or by electronic
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mailthe city clerk at least 23 business days in advance of the time set and shall specify the date,
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time, location and purpose for which the meeting is to be held. A copy of each notice shall
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immediately be posted.The city clerk shall post an agenda for such meeting at least 2 business
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days in advance of the time set.
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(1f) All sessions of the city council and every city council committee or subcommittee shall, at
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all times, be open to the public, unless otherwise specified by law.
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(2g) A full, accurate, up-to-date account of the proceedings of the city council shall be
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maintained by the city clerk, which shall include a record of each vote taken and be made
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available with reasonable promptness following each meeting. Executive session minutes shall
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be made available as soon as publication of the minutes would not defeat the purpose of the
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executive session, unless otherwise provided by law.
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SECTION 2-6: ELECTION, TERM, AND POWERS OF CITY COUNCIL PRESIDENT AND
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VICE-PRESIDENT
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(a) Election and Term - As soon as practicable after the councilors-elect have been qualified
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following each regular citymunicipal election, as provided in section 7-4, the city council shall
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elect from among its members a president and vice-president who shall serve for 1-year terms.
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The member of the council with the most years of service shall preside at the election. If 2 or
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more members have the same term of service the councilor with the last name that is first in
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alphabetical order from among the councilorssuch councilors shall preside. The conduct of all
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elections of the city council president and vice-president shall otherwise be prescribed within the
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rules of the city council.
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(b) Powers and Duties - The president shall have the following powers and duties:
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(1) determine the agenda for city council meetings;
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(2) preside at all meetings of the city council, regulate its proceedings, and decide all
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questions of order, provided, however, that the vice-president shall preside in the absence
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of the president;
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(3) appoint all members of committees of the city council, whether special or standing;
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(4) have the same powers to vote upon measures coming before the city council as any
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other member of the city council; and
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(5) perform any other duties consistent with the office that are established by this charter,
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ordinance or other vote of the city council.
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SECTION 2-7: APPOINTMENTS OF THE CITY COUNCIL
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(a) City Clerk - The city council shall appoint a city clerk to serve at the pleasure of the city
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council and until a qualified successor is chosen and qualified.. The city clerk shall have the
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powers and duties relating to the keeping of records and vital statistics, the issuance of licenses
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as are provided to city clerks by the General Laws and such additional powers and duties as may
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be provided by law or by other vote of the city council.
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(b) Advisory Legal Counsel - Subject to appropriation, the city council may secure legal
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services, when needed, to seek a secondary legal opinion. The city council shall make a
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reasonable request for legal services, and that request shall not be unreasonably denied by the
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mayor. The city solicitor and any advisory legal counsel shall consult to the extent practicable
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prior to the release of any secondary opinion. The legal services provided to the council shall not
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include representation of the council or any councilor in any litigation, or the issuance of formal
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legal opinions on behalf of the city. The city solicitor shall remain the only authorized officer of
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the city in all legal matters involving the city’s government.
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(c) Other Staff - Subject to appropriation, the city council may employ staff as it deems
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necessary.
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(d) Removals and Suspensions of City Council Staff - City council appointments may be
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removed at the sole discretion of the city council subject to limitations and requirements imposed
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by federal and state laws, rules or regulations and city personnel policies and procedures.
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SECTION 2-8: CITY COUNCIL CONFIRMATION OF CERTAIN APPOINTMENTS
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(a) Department Heads - The mayor shall refer to the city council for confirmation and
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simultaneously file with the city clerk the name of each person the mayor has appointedappoints
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as a department head. These appointments shall becomebe considered confirmed 30 days from
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the date of the first regularly scheduled city council meeting after the date on which notice of the
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appointment was filed with the city clerk, unless the city council within said 30 days shall reject
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the appointment by the affirmative vote of 8 members. However, if no city council meeting is
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held within the subsequent 30 days of the first meeting, the city council shall instead have 30
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days from the second regularly scheduled meeting after the appointment to reject the
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appointment. The city council shall not unreasonably reject an appointment and shall accompany
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a rejection with a written statement describing the reason, which shall be delivered to the mayor
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and placed on file with the city clerk within 30 days of filingthe city council’s vote rejecting an
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appointment. The question on rejection of any appointment made by the mayor shall not be
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subject to the procedure of charter objection provided in section 2-9(b) of this charter.
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(b) Multiple Member Bodies - The mayor shall refer to the city council and simultaneously file
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with the city clerk the name of each person the mayor desires to appoint as a member of a
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multiple member body. The city council shall have 60 days after the date on which notice of the
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proposed appointment was filed with the city clerk to vote to approve or reject the appointment,
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with approval not to be unreasonably withheld. If the city council does not take action on the
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appointment within 60 days the appointment shall be deemed approved. Multiple member body
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members may be removed at the discretion of the mayor their appointing authority subject to
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limitations and requirements imposed by federal and state law, rules or regulations.
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(1) All appointments to quasi-judicial bodies and regulatory bodies shall be for terms
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established by administrative order or the General Laws. Any member of a quasi-judicial
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body or regulatory body appointed to a successive term shall be subject to confirmation
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by the city council under section 2-8(b) upon the expiration of each term.
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(12) In the event of a vacancy on a multiple member body where the seat has remained
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vacant in excess of 1 year and the mayor has not referred to the city council any proposed
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appointees to fill the vacancy, the city council president may present to the mayor the
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names of no more thanup to 3 individualspersons as recommendations for appointment.
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The procedure for selecting names of persons for presentation to the mayor shall be
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established within the rules of the city council.
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(23) The mayor shall twice annually, in February and August, post a complete list of the
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vacancies withinon all multiple member bodies, as well as the procedures for individuals
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to apply to become a member of thosesuch bodies. This posting shall be in addition to,
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and not a substitute for, regular posting for the purpose of filling vacancies as they arise.
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(c) Constables - The mayor shall refer to the city council and simultaneously file with the city
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clerk the name of each person the mayor desires to appoint as a constable within the city. The
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city council shall not unreasonably withhold confirmation of appointments and shall accompany
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a rejection with a written statement describing the reason, which shall be delivered to and placed
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on file with the city clerk within 30 days of that rejection. Constables shall serve for a term of 3
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years, and submission for reappointment shall be made at least 60 days prior to the expiration of
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a constable’s term. The question on confirmation of any appointment submitted by the mayor
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shall not be subject to the procedure of charter objection provided in section 2-9(b) of this
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charter.
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(d) Civil Service(c) Police and Fire Employees - The mayor shall refer to the city council and
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simultaneously file with the city clerk the name of each person the mayor desires to appoint or
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promote as a member or officer of the police department or the fire department. The city council
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shall not unreasonably withhold confirmation of appointments, shall adhere to any merit
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principles identified in applicable law, including, but not limited to applicable civil service law,
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and shall accompany a rejection with a written statement describing the reason, which shall be
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delivered to and placed on file with the city clerk within 30 days of that rejection. The question
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on confirmation of any appointment submitted by the mayor shall not be subject to the procedure
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of charter objection provided in section 2-9(b) of this charter.
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SECTION 2-9: ORDINANCES AND OTHER MEASURES
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(a) Measures - Every adopted measure shall become effective at the expiration of 10 days after
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adoption or upon the signature of the mayor, whichever occurs first, unless the ordinance or this
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charter provides otherwise. An ordinance shall not be amended or repealed except by another
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ordinance adopted in accordance with this charter.
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(b) Charter Objection - On the first occasion that the question on adoption of a measure is put to
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the city council, a single member may object to the taking of the vote and postpone the vote until
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the next meeting of the city council, whether regular or special. If 2 or more members object, the
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vote shall be postponed until the next regular meeting. This procedure shall not be used more
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than once for any specific matter regardless of whether it has been amended. A charter objection
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shall have privilege over all motions provided, however, that it shall be raised prior to or at the
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call for a vote by the presiding officer and all debate shall cease.
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SECTION 2-10: ACCESS TO INFORMATION
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(a) In General - The city council may make investigations into the affairs of the city and into the
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conduct and performance of any city agency. Absent compelling circumstances or an emergency
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which shall be declared on record and noted in the city council minutes, the city council shall
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give a minimum of 14 days’ notice to aany person it may require to appear before it under this
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section. In circumstances involvingthe case of compelling circumstances or emergency, 7 days’
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notice shall be allowed. The notice shall include specific questions on which the city council
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seeks information and any person called to appear before the city council under this section shall
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not be required to respond to any question not relevant or related to those questions presented in
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advance and in writing. The mayor shall receive a copy of any notice issued under this section at
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the same time as the person who is requested to appear before the council. MajorityA majority
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vote of the city council shall be required to issue notice under this section.
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(b) Department Head - The city council may require, by majority vote, specific information from
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a department head or their designee on any matter related to the municipal services, functions
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and powers or duties which are within the scope of responsibility of that person.such department
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head and related to the official duties and responsibilities of the city council. The department
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head or their designee shall not be required to answer questions relating to any other matter
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outside the scope of the matter noticed or provide information the release of which is prohibited
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by law.
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(c) Mayor - The city council may request, by majority vote, specific information from the mayor
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on any municipal matter related to the official duties and responsibilities of the city council. The
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mayor or their designee shall appear before the city council and respond to the questions. The
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mayor or their designee shall not be required to answer questions relating to any other matter
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outside the scope of the matter noticed or be required to provide information the release of which
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is prohibited by law. The mayor may bring to this meeting any assistant, department head or
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other city officer or employee that the mayor may consider necessary to assist in responding to
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the questions posed by the city council.
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SECTION 2-11: GROUP PETITIONS
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The city council shall hold a public hearing and act with respect to every petition which is
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addressed to it and which is signed by at least 50 municipal voters as certified by the board of
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election commissioners. The hearing shall be held by the city council or by a committee or
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subcommittee thereof, and the city council shall act on the petition within 3 months of filing with
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the city clerk. Hearings on 2 or more petitions filed under this section may be held at the same
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time and place. At least 14 days before the hearing, the city clerk shall notify the 10 petitioners
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whose names first appear on each petition, publish a general summary of the subject matter of
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the petition, and post notice of the date and time of the public hearing. A hearing shall not be
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held upon any subject more than once in a 12-month period, as determined by the city council
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president.
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SECTION 2-12: FILLING OF VACANCIES
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(a) Councilor At-Large – Whenever a vacancy occurs in the office of councilor at-large the
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process for filling of the vacancy shall be determined by the number of days remaining until the
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next municipal election. In all occurrences of a vacancy- When a vacancy exists for an at-large
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city council seat and more than 180 days remain in the term, the city clerk shall notify the city
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council and the chairperson of the board of election commissioners of the vacancy within 7 days.
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Within 7 days after notification, the chairperson of the board of election commissioners or a
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designee shall certify, in writing, to the city clerk that the defeated candidate for the office of
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councilor at-large with the next highest number of votes at the prior municipal election at which
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councilors at-large were elected for the term in which the vacancy occurs shall serve as councilor
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at-large. If the person is eligible and , if willing and able to serve, theshall fill the remainder of
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the existing term. The city clerk shall administer the oath of office to the person within 15 days
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after certification and the person shall serve.take the seat. If the person who is eligible declines
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the office, is not eligible and willing to serve, or fails to take the oath of office within the time
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period set forth in this section, then the person with the next highest number of votes atfor
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councilor at large at the prior municipal election who is eligible and willing to serve shall take
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the seat under the same circumstances as above. If no such candidate for the office can serve.
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If a , the city council shall call a special election to fill the seat until for the remainder of the
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term. If the vacancy occurs:
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(1) More than with 180 days until the next municipal election, the next highest candidate serves
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the remainder of the unexpired term. If there is no defeated or fewer in the existing term, the
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vacancy shall be filled as above; provided, however, if no candidate eligible and willing to serve
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who has taken the oath of office, there shall be a special election.
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(2) Less than or equalis available to 180 days prior to any regular municipal election in the office
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of councilor at-large, the next highest candidate serves until the next municipal election. If there
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is no eligible and willing candidate from the most recent municipal election, then the seat
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remainstake the seat, the seat shall remain vacant until the next regular municipal election. The,
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and the person elected shall fill the vacancy take office upon certification of the vote, and serve
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for the remainder of the unexpiredexisting term andas well as the term to which elected. The city
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clerk shall administer the oath of office to them at the next meeting of the city council.
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(b) Ward Councilor - If a vacancy occurs in the office of ward councilor and more than 180 days
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prior to any regular municipal election,remain on the city councilexisting term, the city council
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shall immediately order a special election to fill the vacancy for the remainder of the unexpired
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term. If a vacancy occurs 180 days or less prior to any regular municipal election, the seat or
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fewer days before the end of the term, the seat shall remain vacant until the next regular
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municipal election for the office and the person elected shall fill the vacancy for the remainder of
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the unexpired term and the term to which elected. The city clerk shall administer the oath of
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office to the person at the next meeting of the city council.
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ARTICLE 3
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EXECUTIVE BRANCH
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SECTION 3-1: MAYOR: ROLE; TERM OF OFFICE; ELIGIBILITY
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(a) Role - The chief executive officer of the city shall be a mayor, elected by the municipal
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voters of the city at large. The role of mayor shall be a full-time position.
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(b) Term of Office - The term of office for mayor shall be four 2 years, beginning on the first
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business day in January following the municipal election.
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(c) Eligibility - Any statewide voter residing in Somerville shall be eligible to hold the office of
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mayor.
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SECTION 3-2: PROHIBITIONS
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The mayor shall not hold another compensated city position or other elected public office. A
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former mayor shall not hold a compensated appointed city office or city employment for at least
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1 year after termination of their service as the mayor. Any former mayor shall not receive
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compensation for contracted work authorized during their tenure as the mayor, provided,
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however, that they may be compensated for limited hours advising the incoming mayor.. This
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subsection shall not prevent a city officer or other city employee who has vacated a position to
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serve as the mayor from returning to the same office or other position of city employment held
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when the position was vacated. This prohibition shall not apply to persons covered by a leave of
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absence under section 37 of chapter 31 of the General Laws.
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SECTION 3-3: COMPENSATION
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The mayor shall receive compensation for their services as set by the city council by ordinance.
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An ordinance increasing or reducing the compensation of the mayor shall not be effective unless:
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(1) it is adopted by affirmative vote of 8 members of the city council;
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(2) it is adopted prior to the last 6 months of the mayor’s term; and
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(3) it provides that the compensation increase or reduction is to take effect upon the
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organization of the city government following the next regular citymunicipal election.
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SECTION 3-4: EXECUTIVE POWERS
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(a) Executive Powers - The executive powers of the city shall be vested solely in the mayor and
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may be exercised by the mayor either personally or through the city agencies under the general
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supervision and control of the office of the mayor. The mayor shall cause this charter, laws,
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ordinances and other orders of the city government to be enforced and shall cause a record of all
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official acts of the executive branch of the city government to be kept. The mayor shall
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supervise, direct, and be responsible for the efficient administration of all city activities and
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functions placed under the control of the mayor by law or by this charter. The mayor or their
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designee shall have the sole power to sign, seal, execute and deliver in behalf of the city, deeds
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and leases of land sold or leased by the city, and other deeds, agreements, contracts, leases,
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indentures and assurances on behalf of the city.
377
(b) Supervision of City Agencies - The mayor shall exercise general supervision and direction
378
over all city agencies, unless otherwise provided by law or by this charter. Each city agency shall
379
furnish to the mayor any information or materials the mayor may request and as the needs of the
380
office of mayor and the interest of the city may require. The mayor shall be responsible for the
381
efficient and effective coordination of the activities of all city agencies and may call together for
382
consultation, conference and
383
discussion, at reasonable times, all persons serving the city.
384
(c) Multiple Member Bodies - The mayor shall be, by virtue of the office, an ex officio member
385
of every appointed multiple member body of the city. The mayor may, as an ex officio member,
386
attend any meeting of an appointed multiple member body of the city, including executive
387
sessions, to participate in the discussions of that body, provided, however, that they the mayor
388
shall not have the right to vote on any matter before a multiple member body which they serve
389
on solely by virtue of their office.
390
SECTION 3-5: APPOINTMENTS BY THE MAYOR
391
(a) Department Heads - The mayor shall appoint, subject to review confirmation by the city
392
council under section 2-8(a), all department heads for whom no other method of appointment or
393
selection is provided by this charter. Department heads serve at the discretion of the mayor
394
subject to the limitations and requirements imposed by federal and state laws, rules, or
395
regulations.
396
(b) City Attorney - The city attorney shall be appointed by the mayor, subject to
397
reviewconfirmation by the city council under section 2-8(a). The city attorney shall be appointed
398
to a 2-year term. Within 30 days of the beginning of a new mayoral term,Whenever the mayor
399
16
shall submitappoints or reappoints a city attorney the mayor shall submit the name of a person to
400
serve as city attorney for confirmation or reconfirmation in the same manner as a new
401
appointment under section 2-8(a). If the mayor fails to submit the name of a person serving as
402
the city attorney for confirmation of reappointment within 30 days of the expiration of the term,
403
the city clerk shall place an item on the agenda for such reappointment at the next regular city
404
council meeting.
405
(c) Multiple Member Bodies - The mayor shall appoint, subject to confirmation by the city
406
council under section 2-8(b), all members of multiple member bodies for whom no other method
407
of appointment or selection is provided by administrative order or General Laws. All members
408
shall serve terms as defined by administrative order or General Laws. Upon the expiration of the
409
term of any member of a multiple member body, a successor shall be appointed in a like manner.
410
The mayor shall fill any vacancy for the remainder of the unexpired term of any member of a
411
multiple member body.
412
(d) Civil Service Police and Fire Employees - The mayor may appoint and promote, subject to
413
confirmation by the city council, members and officers of the police department and fire
414
department subject to requirements of the state’s Civil Service law.
415
(e) City Employees - The method of appointment for all other city employees shall be as
416
prescribed by administrative order.
417
SECTION 3-6: APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER
418
The mayor shall appoint a chief administrative officer to coordinate and direct the operations and
419
functions of municipal government. The chief administrative officer shall be appointed by the
420
mayor, subject to reviewconfirmation by the city council under section 2-8(a). The appointee
421
shall be chosen on the basis of appropriate administrative and executive qualifications and shall
422
have a combination of experience, training, or education to perform the duties of the office.
423
Within 30 days of the beginning of a new mayoral term,Whenever the mayor shall
424
submitappoints a chief administrative officer, the mayor shall submit the name of a person to
425
serve as a chief administrative officer for confirmation or reconfirmation in the same manner as a
426
new appointment under section 2-8(a).
427
SECTION 3-7: TEMPORARY APPOINTMENTS TO CITY OFFICES
428
17
Whenever a temporary or permanent vacancy occurs in a city office that is appointed under
429
section 3-5(a) & (b), the mayor may designate a person to perform the duties of the office on a
430
temporary basis for up to 150180 days until the position can be filled as provided by law or by
431
this charter. Persons serving as temporary officers under this section shall have only those
432
powers that are indispensable and essential to the performance of the duties of the office during
433
the period of temporary appointment and no others.
434
(a) Filing of a Temporary Appointment - When the mayor designates a person under this section,
435
the mayor shall file a certificate with the city clerk in substantially the following form:
436
“I designate [name of person] to perform the duties of the office of [office in which vacancy
437
exists] on a temporary basis until the office can be filled by [the regular procedure for filling the
438
vacancy or when the incumbent shall return]. I certify that this person is qualified to perform the
439
duties which will be required and that I make this designation solely in the interests of the City of
440
Somerville.”
441
(b) Extension of Temporary Appointments - If an extension of a temporary appointment is
442
necessary, the mayor may seek extensions in 6090-day increments, which shall be authorized by
443
a majority vote of the city council. If an extension is not approved, the position shall be deemed
444
vacant.
445
SECTION 3-8: TEMPORARY APPOINTMENTS TO MULTIPLE MEMBER BODIES
446
Whenever a temporary or permanent vacancy occurs on a multiple member body that is
447
appointed under section 3-5(bc), the mayor may designate a person to perform the duties of the
448
office on a temporary basis for up to 150 days until the position can be filled as provided by law
449
or by this charter. Whenever such vacancy occurs on a quasi-judicial body or regulatory body,
450
the mayor shall submit a communication to the city council with the name of such designee. If an
451
extension of a temporary appointment is necessary, the mayor may seek extensions in 60-day
452
increments, which shall be authorized by a majority vote of the city council. If an extension is
453
not approved, the position shall be deemed vacant, except on multiple member bodies where the
454
vacancy would prevent a quorum. In that instance, a temporary appointment shall be permitted to
455
remain until a successor is qualified, provided, however, that the authority of the temporary
456
appointment shall be limited to matters where failure to act by the multiple member body may
457
18
have adverse consequences to the City.
458
SECTION 3-9: APPROVAL OF MAYOR, VETO
459
Every ordinance or other measure as required by law adopted or passed by the city council,
460
except any matters relating to the internal affairs of the city council, shall be presented to the
461
mayor for approval. If the mayor approves the measure, the mayor shall sign it. If the mayor
462
disapproves the measure, the mayor shall return it to the city council with the specific reason for
463
disapproval attached in writing. The city council shall enter the objections of the mayor on its
464
records and reconsider the measure at theits subsequent regular meeting. If the city council,
465
regardless of the disapproval by the mayor, shall again pass the identical measure by affirmative
466
vote of 8 members of the city council, it shall then be deemed in force. If the mayor has neither
467
signed a measure nor returned it to the city council within 10 days following the date it was
468
presented to the mayor, the measure shall be deemed approved and in force.
469
SECTION 3-10: COMMUNICATIONS; SPECIAL MEETINGS
470
(a) Communications to the City Council - The mayor shall, by written communication:
471
(1) recommend to the city council for its consideration measures as the needs of the city
472
require; and
473
(2) keep the city council fully informed of the financial and administrative condition of
474
the city and shall specifically indicate any fiscal, financial, or administrative issues facing
475
the city.
476
(b) Special Meetings of the City Council - The mayor may call a special meeting of the city
477
council for any purpose. Unless the mayor designates an emergency, notice of the meeting shall
478
be delivered by hand or by electronic mail to the city clerk at least 2 3 business days in advance
479
of the time set and shall specify the date, time, and location of the meeting and the purpose for
480
which the meeting is to be held. A copy of the notice shall be posted immediately. The city clerk
481
shall post an agenda for such meeting at least 2 business days in advance of the time set.
482
SECTION 3-11: TEMPORARY ABSENCE OF THE MAYOR
483
(a) Acting Mayor - Whenever the mayor is unable to perform the duties of the office, the
484
president of the city council shall be the acting mayor. In the event that the city council president
485
19
is unable to serve as acting mayor under this section, the city council shall elect a councilor to
486
serve as acting mayor by majority vote from among its membership. The city council, by the
487
affirmative vote of 8 members, shall determine whether the mayor is unable to perform the duties
488
of the office. Notwithstanding any general or special law to the contrary, the vote shall be taken
489
in public session by a roll call vote.
490
(b) Powers of Acting Mayor - The acting mayor shall have only those powers of the mayor that
491
are indispensable and essential to conduct the business of the city and on which action may not
492
be delayed. The acting mayor shall have no authority to make a permanent appointment or
493
removal from city service unless the absence of the mayor shall extend beyond 60 days, nor shall
494
the acting mayor approve or disapprove of any measure adopted by the city council unless the
495
time within which the mayor must act would expire before the return of the mayor. The city
496
council president or another councilor serving as acting mayor shall not vote as a member of the
497
city council.
498
SECTION 3-12: DELEGATION OF AUTHORITY BY MAYOR
499
The mayor may authorize and subsequently remove authorization from a subordinate officer or
500
employee of the city to exercise or perform a power, function, or duty of the office of the mayor,
501
provided, however, that all acts performed under any delegation of authority during the period of
502
authorization shall be and remain the acts of the mayor. Nothing in this section shall be
503
construed to authorize the mayor to delegate the powers and duties of the mayor as a school
504
committee member, the power of appointment to city office or employment, or the authority to
505
sign or return measures approved by the city council unless the provisions of section 3-11 apply.
506
SECTION 3-13: FILLING OF PERMANENT VACANCY
507
Whenever a permanent vacancy occurs in the office of mayor by death, removal, resignation, or
508
any other reason, the process for filling of the vacancy shall be determined by the month of the
509
mayoral term in which the vacancy occurs. Following an election to fill a mayoral vacancy, the
510
winning candidate shall start immediately and serve the remaining unexpired term.as follows:
511
(a) If a vacancy occurs within the 6 months preceding a regular municipal election the office
512
position shall be filled by vote at that election. Otherwise, the city council shall call a special
513
20
election to be held within 90 days following the date of the vacancy. The person elected as
514
mayor shall take office immediately upon certification of the vote and serve for the balance of
515
the remaining term.
516
(b) The city council president shall serve as the acting mayor in all cases until the vacancy is
517
filled. In the event thatIf the city council president is unwilling or unable to serve as the acting
518
mayor under this section, the city council shall elect a councilor to serve as the acting mayor by
519
majority vote from among its membership. If the councilor serving as the acting mayor under
520
this section chooses to run for mayor, they shall not be entitled to have the words “candidate for
521
reelection” printed with that person’stheir name on the election ballot. Any person serving as the
522
acting mayor under this section shall receive the compensation then in effect for the position of
523
mayor and shall not vote as a member of the city council. The resulting vacancy on the city
524
council shall be filled in the manner provided in section 2-12.
525
ARTICLE 4
526
SCHOOL COMMITTEE
527
SECTION 4-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY
528
(a) Composition - There shall be a school committee consisting of 9 members. Seven members
529
shall be nominated and elected by the municipal voters of the city, 1 member elected from each
530
ward. The mayor and the president of the city council shall serve, ex officioby virtue of their
531
office, with the same powers and duties as other school committee members, provided, however,
532
that neither shall serve as chair.
533
(b) Term of Office - The term for the school committee shall be 2 years, beginning on the first
534
business day in January following the municipal election.
535
(c) Eligibility - Any statewide voter residing in the ward from which election is sought shall be
536
eligible to hold the office of school committee member. If a school committee member removes
537
from the city during the committee member’s term, that office shall immediately be deemed
538
21
vacant and filled in the manner provided in section 4-6. If a school committee member removes
539
to another ward in the city, the member may continue to serve for the balance of the term to
540
which elected.
541
SECTION 4-2: PROHIBITIONS
542
A member of the school committee elected by ward shall not hold any other compensated city
543
position. A former member of the school committee elected by ward shall not hold any
544
compensated appointed city office or city employment for at least 1 year after termination of
545
their service on the school committee. This section shall not prevent a city officer or other city
546
employee who has vacated a position in order to serve as a member of the school committee
547
elected by ward from returning to the same office or other position of city employment held at
548
the time the position was vacated.
549
SECTION 4-3: COMPENSATION
550
Members of the school committee shall receive compensation for their services as set by
551
ordinance by the city council. An ordinance increasing or reducingauthorizing the compensation
552
of the members of the school committee shall not be effective unless:
553
(1) it is adopted by affirmative vote of 8 members of the city council;
554
(2) it is adopted prior to the last 6 months of the school committee’s term; and
555
(3) it provides that the compensation increase or reduction is to take effect upon the
556
organization of the city government following the next regular citymunicipal election .
557
SECTION 4-4: SCHOOL COMMITTEE RULES AND PROCEDURES
558
School committee officers and procedures shall be determined by the school committee.
559
The school committee shall determine the procedures for the election of school committee
560
officers and adopt policies and procedures relating to conducting the business of the school
561
committee.
562
SECTION 4-5: SCHOOL COMMITTEE POWERS AND DUTIES
563
The school committee shall have all powers which are conferred on school committees by the
564
22
General Laws and the additional powers and duties provided by this charter, including but not
565
limited to:
566
(1) selecting and removing a superintendent of the schools who shall be charged with the
567
administration of the school system, and appointment of all other personnel as provided
568
by the General Laws;
569
(2) making alladopting policies for the management of the public school system and for
570
conducting the business of the school committee. as deemed necessary or desirable;
571
(3) adopting and overseeing the administration of an annual operating budget for the
572
school department, subject to appropriation;
573
(4) providing ordinary maintenance of all school buildings and grounds, unless a central
574
municipal maintenance department, which may include maintenance of school buildings
575
and grounds, is established; and
576
(5) at least 1 member of the school committee, or a designee of the school committee,
577
shall serve on the agency, board, or committee for the planning or construction of a new,
578
remodeled, or renovated school building.
579
SECTION 4-6: FILLING OF VACANCIES
580
If a vacancy on the school committee occurs with 1 year or more remaining in the term, the city
581
council shall order a special election to fill the vacancy. If a vacancy on the school committee
582
occurs with less than 1 year before the end of the term but more than 120 days before any regular
583
municipal election, the school committee shall appoint a replacement to serve for the remainder
584
of the term from the qualified statewide voters of the ward. The school committee shall post
585
notice of the vacancy and solicitation of nominations and appoint the replacement in accordance
586
with school committee policy. If a vacancy occurs within 120 days of a regular municipal
587
election, the vacancy shall be filled by the regular election and the newly elected school
588
committee member’s term shall begin following the certification of election results. The person
589
elected shall be sworn to the office to fill the vacancy for the balance of the unexpired term as
590
well as the term to which elected. The city clerk shall administer the oath of office to them on at
591
or before the next meeting of the school committee.
592
23
If a vacancy occurs in the membership of the school committee whether by failure to elect or
593
otherwise, the president of the city council shall, not more than 30 days after the date on which
594
that vacancy is declared to exist, call a joint meeting of the city council and the school committee
595
to act to fill the vacancy. At the joint meeting, a majority of those present and voting shall fill the
596
vacancy for the remainder of the unexpired term by choosing the defeated candidate for the seat
597
at the last regular city election; If there was no other candidate for the office, the city council and
598
the school committee shall at their discretion choose an individual, from among the voters
599
entitled to vote for that office for the remainder of the unexpired term. A person so chosen shall
600
take the oath of office and commence to serve forthwith. No vacancy shall be filled in the
601
manner provided in this section if a regular city election is to be held not more than 180 days
602
after the date the vacancy is declared to exist. In an election being held to elect a candidate to a
603
seat that is vacant at the time of the election, the candidate deemed the winner of the election to
604
that seat shall be sworn in to serve the remainder of the term previously vacated at the first
605
regularly scheduled school committee meeting after the date the election results are officially
606
certified.
607
ARTICLE 5
608
ADMINISTRATIVE ORGANIZATION
609
SECTION 5-1: ORGANIZATION OF CITY AGENCIES
610
The organization of the city into agencies to provide services and administer the government
611
may be accomplished only through an administrative order submitted to the city council by the
612
mayor. An administrative order may not originate with the city council. The mayor may, subject
613
only to express prohibitions of General Laws or this charter, propose administrative orders to
614
establish a new agency, reorganize, consolidate or abolish any agency, in whole or in part, as is
615
deemed necessary to conduct the business of the city in an orderly, efficient or convenient
616
manner. The mayor may also propose administrative orders to establish terms of office and
617
prescribe the functions and administrative procedures to be followed by all agencies.
618
These proposed administrative orders shall be accompanied by a message from the mayor which
619
explains the he expected benefits and advises the city council if an administrative order shall
620
require amendments, insertions, revisions, repeal, or otherwise of existing ordinances. Whenever
621
24
the mayor proposes an administrative order, the city council shall hold 1 or more public hearings
622
on the proposal and post notice.
623
An organization or reorganization plan shall become effective at the expiration of 60 days from
624
filing, unless the city council has disapproved the plan by majority vote prior to that date.
625
Provided; provided, however, that if no regular city council meeting is held within the
626
subsequent 60 days of the first regular meeting after the filing of an organization or
627
reorganization plan, the city council shall instead have 60 days from the second regular meeting.
628
The city council may vote only to approve or to disapprove the plan and may not vote to amend
629
or to alter it.
630
SECTION 5-2: QUALIFICATIONS FOR APPOINTMENTS AND PROMOTIONS
631
All appointments and promotions of city officers and other city employees shall be made on the
632
basis of fitness demonstrated by examination, past performance, or by other evidence of
633
competence and suitability. Each person appointed to fill an office or position shall be a person
634
who has the experience, training, or education to perform the duties of the office or position.
635
SECTION 5-3: COMPENSATION OF CITY EMPLOYEES
636
The mayor and city council shall provide for a review to be made of all municipal employee
637
compensation at 5-year intervals to examine whether compensation reflects principles of equity
638
and to the greatest extent possible is sufficient for municipal employees to live in the city. This
639
review shall be made by a special committee to be established by ordinance, and the initial
640
review shall be implemented as provided in section 9-7(b). The special committee shall receive a
641
budget sufficient to hire qualified consultants and any other resources necessary to undertake a
642
thorough review. The special committee shall file its report with the city clerk on a date specified
643
by ordinance. This report shall include an analysis of the current pay and compensation structure
644
with recommendations for adjustments to that structure, taking into consideration the city’s
645
current and expected financial situation and the impact of the recommendations on the budget.
646
The review of compensation shall be under the supervision of the chief administrative officer.
647
25
ARTICLE 6
648
FINANCIAL PROCEDURES
649
SECTION 6-1: FISCAL YEAR
650
The fiscal year of the city shall begin on July 1 and end on June 30, unless another period is
651
required by the General Laws.
652
SECTION 6-2: COMMUNITY AND COUNCIL BUDGET INPUT
653
The city council shall hold a community budget hearing on or before February 15 of each year in
654
order to solicit public input regarding budget priorities. The city council shall post notice of the
655
community budget hearing 14 days in advance of the hearing. The mayor shall, at the first
656
regular meeting of the city council of each year, solicit budget priorities from all city councilors.
657
SECTION 6-3: ANNUAL BUDGET MEETING
658
On or before NovemberMarch 1 of each year, the mayor shall call a joint meeting of the city
659
council and school committee, including the superintendent of schools, to review the financial
660
condition of the city, revenue and expenditure forecasts for at least 3 years and other relevant
661
information prepared by the mayor in order to develop a coordinated budget.
662
SECTION 6-4: SUBMISSION OF OPERATING BUDGET; BUDGET MESSAGE
663
On or about May 1530, the mayor shall submit to the city council a proposed operating budget
664
for all city agencies for the next fiscal year. The proposed operating budget shall include the
665
school budget, as adopted by the school committee, which shall be submitted to the mayor on or
666
about May 115. The proposed operating budget shall be accompanied by a budget message and
667
supporting documents. The budget message shall explain the operating budget in fiscal terms and
668
in terms of work programs for all city agencies. It shall outline the proposed fiscal policies of the
669
city for the next fiscal year, describe important features of the proposed operating budget and
670
include any major variations from the current operating budget, fiscal policies, revenues and
671
expenditures together with reasons for these changes. The proposed operating budget shall
672
provide a complete fiscal plan of all city funds and activities and shall be in the form the mayor
673
deems desirable, provided, however, that the budget proposals relative to elected officials shall
674
26
identify the cost of compensation and the cost of benefits for thosesuch officials. The mayor and
675
the superintendent of schools shall coordinate the dates and times of the school committee's
676
budget process under the General Laws.
677
SECTION 6-5: ACTION ON THE OPERATING BUDGET
678
(a) Public Hearing - The city council shall post a notice of the proposed operating budget as
679
submitted by the mayor. The notice shall state: (1) the times and places where copies of the
680
entire proposed operating budget are available for inspection by the public; and (2) the date, time
681
and place when a public hearing on the proposed operating budget shall be held by the city
682
council, at least 7 days after posting of the notice. The city council shall not act on the budget
683
until after the public hearing has occurred.
684
(b) Adoption of the Budget - The city council shall adopt take action on the proposed operating
685
budget, which may have amendments, before the end of the fiscal year. In amending the
686
proposed operating budget, the city council may delete or decrease amounts except expenditures
687
required by law, provided, however, that the city council shall not increase any specific item or
688
the total of the proposed operating budget except on the recommendation of the mayor or unless
689
otherwise authorized by the General Laws. If the city council fails to act on an item in the
690
proposed operating budget prior to the beginning of the fiscal year, that amount shall, without
691
any action by the city council, become a part of the appropriations for the year and be available
692
for the purposes specified.
693
(c) Availability of the Operating Budget - In addition to any other posting requirements,
694
immediately after the submission of the proposed budget to the city council, the mayor or their
695
designee shall post the entire budget document on the city website, where it shall remain posted
696
during the city council review process contained in this article. After the enactment of the budget
697
the mayor or their designee shall post the final budget on the city website where it shall remain
698
throughout the fiscal year for which it is in effect. The final budget shall reflect any amendments
699
made by the city council and approved by the mayor and shall indicate that it is the final budget.
700
SECTION 6-6: CAPITAL IMPROVEMENT PROGRAM
701
(a) Submission - The mayor shall submit a capital improvement program to the city council on or
702
about October 15November 1 of each year. The mayor shall annually revise the information
703
27
regarding the capital improvements still pending or in the process of being acquired, improved,
704
or constructed.
705
The capital improvement program shall include:
706
(1) a general summary of its contents;
707
(2) a list of all capital improvements proposed to be undertaken during the next 5 years,
708
with supporting information as to the need for each capital improvement;
709
(3) cost estimates, methods of financing, and recommended time schedules for each
710
improvement; and
711
(4) the estimated annual cost of operating and maintaining each facility and piece
712
of major equipment involved.
713
(b) Public Hearing - The city council shall post a notice stating:
714
(1) the times and places where entire copies of the capital improvements program are
715
available for the public; and, (2) the date, time, and place of a public hearing on the plan
716
to be held by the city council at least 14 days after posting of the notice.
717
(2) the date, time, and place of a public hearing on the plan to be held by the city council
718
between 14 and 21 days after posting of the notice.
719
(c) Adoption - Following the public hearing, but not later than December 1, the city council shall
720
may by resolution adopt or reject the capital improvements program. The mayor may amend the
721
adopted program may be amended, provided that each amendment shall be voted on separately,
722
and that an increase in the capital improvements program as submitted shall clearly identify the
723
method of financing to accomplish the proposed increase.
724
SECTION 6-7: INDEPENDENT AUDIT
725
The city councilmayor shall annually provide for an outside audit of the books and accounts of
726
the city in the form of an Annual Comprehensive Financial Report to be conducted by a certified
727
public accountant or a firm of certified public accountants, which has no personal interest, direct
728
or indirect, in the fiscal affairs of the city or any of its officers. The scope of the audit shall
729
specify that each year of the audit engagement, a different department, division or program shall
730
28
be subject to an expanded scope audit or internal control review. The city council may, by
731
majority vote, determine the department, division or program to be subject to an expanded scope
732
audit or internal control review. The mayor shall annually provide to the city council a sum of
733
money sufficient to satisfy the estimated cost of conducting the audit as presented to the mayor,
734
in writing, by the city council. The award of a contract to audit shall be made by the city
735
councilmayor on or before September 15 of each year. The report of the audit and all
736
accompanying documents, including a management letter so-called shall be filed in final form
737
with the city council notno later than March 1 in the year following its award. The certified
738
public accountant or firm of certified public accountants shall make a presentation to the city
739
council as soon as practicable after said March 1 but no later than May 31 of each year. At least
740
every 53 years, the city councilmayor shall conduct a competitive procurement process using
741
sound business practices to retain these auditing services.
742
SECTION 6-8: EXPENDITURES IN EXCESS OF APPROPRIATIONS
743
Except as otherwise provided by law, an official of the city shall not knowingly or intentionally
744
expend in a fiscal year sums in excess of the appropriations, awards, grants or gifts duly made in
745
accordance with law or involve the city in any contract for the future payment of money in
746
excess of these appropriations, awards, grants or gifts. It is the intention of this section that
747
section 31 of chapter 44 of the General Laws shall be strictly enforced. Any official who violates
748
this section shall be personally liable to the city for any amounts so expended to the extent that
749
the city does not recover these amounts from the person to whom the sums were paid.
750
ARTICLE 7
751
ELECTIONS
752
SECTION 7-1: ELIGIBILITY TO VOTE IN MUNICIPAL ELECTIONS
753
In addition to individuals eligible to vote pursuant to the General Laws the following individuals
754
may, upon application, have their names entered on a list of municipal voters established by the
755
board of election commissioners for the city and may thereafter vote in any election for
756
municipal offices and municipal ballot questions in accordance with this charter:
757
(1) Any non-citizen residing in the city, who is ineligible to vote due to citizenship status under
758
29
federal or state law, rule, or regulation, but who is otherwise eligible to vote; and
759
(2) Any 16- and 17-year old residing in the city, who is ineligible to vote due to age under
760
federal or state law, rule, or regulation, but who is otherwise eligible to vote.
761
These municipal voters shall remain eligible to vote in any election for municipal offices and
762
municipal ballot questions in the city for so long as they remain domiciled therein.
763
SECTION 7-21: PRELIMINARY ELECTIONS
764
A preliminary election to nominate candidates for mayor, councilors at-large, ward councilors,
765
and school committee members shall be held on the third Tuesday in September in each odd-
766
numbered year in which the candidates are to be elected. The city clerk may, with the approval
767
of the city council, reschedule the preliminary election to the fourth Tuesday in September to
768
avoid a conflict with any civil or religious holiday. Whenever a special election to fill a vacancy
769
is to be held, a preliminary election shall be conducted, if necessary, not less than 28 days before
770
the date established for the special election. A preliminary election to fill a vacancy in the office
771
of ward councilor or school committee member shall be held only in the ward where there is a
772
vacancy.
773
SECTION 7-32: PRELIMINARY ELECTION PROCEDURES
774
(a) Signature Requirements - The number of signatures of municipal voters required to place the
775
name of a candidate on the official ballot to be used at a preliminary election shall be as follows:
776
(1) Mayor - at least 250 certified signatures;
777
(2) At-Large City Councilor - at least 100 certified signatures;
778
(3) Ward City Councilor - at least 50 certified signatures, all of which shall be certified as
779
being from the ward from which election is sought; and
780
(4) School Committee Member - at least 50 certified signatures, all of which shall be
781
certified as being from the ward from which election is sought.
782
(b) Forms - Signatures of municipal voters shall be made on a form prescribed by the board of
783
election commissioners and shall be made available not earlier than April 2 in each city
784
municipal election year. The forms shall be submitted to the board of election commissioners for
785
30
certification of the names on or before the fourteenth day preceding the date fixed for submission
786
to the city clerk. The forms shall be submitted to the city clerk on or before 5:00 p.m. on the
787
forty-fifth day prior to the declared date of the preliminary election. An individual may appear on
788
the ballot for only 1 office at any preliminary, regular or special city municipal election.
789
(c) Ballot Position - The order in which names of candidates for each office appear on the ballot
790
shall be determined by a drawing conducted by the city clerk at least 40 days before the
791
preliminary election. The drawing shall be open to the public.
792
(d) Determination of Candidates:
793
(1) Offices of Mayor, Ward Councilor, and School Committee - the two 2 candidates who
794
receive the highest number of votes for nomination to each office at the preliminary
795
election shall, except as provided by paragraph 7-3(d)(3), be the candidates for that
796
office. The candidates’ names shall be printed on the official ballot to be used at the
797
regular or special city municipal election at which the office is to be voted upon and an
798
acceptance of a nomination shall not be necessary to its validity.
799
(2) Offices of City Councilor At-Large - the 8 people who receive the highest number of
800
votes for nomination to the office shall, except as provided by section 7-3(e), be the
801
candidates for the office. The candidates’ names shall be printed on the official ballot to
802
be used at the regular or special citymunicipal election at which the office is to be voted
803
upon and an acceptance of a nomination shall not be necessary to its validity.
804
(3) Tied Preliminary Results; Tied Vote - If there is a tie among candidates for the last
805
available ballot position for any given elected office, then all candidates receiving the
806
same number of votes for the office shall be printed on the generalregular municipal
807
election ballot, notwithstanding any other provisions in this charter specifying the number
808
of candidates to be printed on the election ballot.
809
(e) Condition Making Preliminary Unnecessary - If the time for filing statements of candidates to
810
be on the ballot for any preliminary election has expired, and the number of statements filed with
811
the city clerk for an office is not more than 2 for the office of mayor, any ward councilor or
812
school committee member, orand 8 for anythe office of city councilor at-large, the candidates
813
whose statements have been filed shall be deemed nominated to that office. Those candidates
814
31
shall be voted on for the office at the regular or special citymunicipal election. The city clerk
815
shall not print those names on the ballot to be used at the preliminary election and another
816
nomination to the office shall not be made, and a preliminary election shall not be held for the
817
office or offices.
818
SECTION 7-43: REGULAR CITYMUNICIPAL ELECTION
819
The regular citymunicipal election shall be held on the Tuesday following the first Monday in
820
November in each odd-numbered year.
821
SECTION 7-54: BALLOT POSITION, REGULAR CITYMUNICIPAL ELECTION
822
The order in which names of candidates for each office appear on the ballot shall be determined
823
by a drawing conducted by the city clerk not later than 7 days after the certification of the
824
preliminary election results. If there is no preliminary election in advance of the regular
825
citymunicipal election or a special election, the drawing shall be conducted on the Tuesday 6
826
weeks prior to the election. The drawing shall be open to the public.
827
SECTION 7-65: NON-PARTISAN ELECTIONS
828
All elections for city offices shall be non-partisan and election ballots shall be printed without
829
any party mark, emblem or other political designation.
830
SECTION 7-76: WARDS
831
The territory of the city shall be divided into 7 wards by the city clerk to consist of as nearly an
832
equal number of inhabitants as it is possible to achieve, based on compact and contiguous
833
territory, bounded as far as possible by the center line of known streets or ways or by other well-
834
defined limits. Each ward shall be composed of voting precincts established under the General
835
Laws. The city council shall review these wards to ensure uniformity in the number of
836
inhabitants at least once every 10 years.
837
SECTION 7-87: APPLICATION OF STATE GENERAL LAWS
838
Except as otherwise expressly provided in this charter and authorized by law, all citymunicipal
839
elections shall be governed by the General Laws relating to the right to vote, the registration of
840
voters, the nomination of candidates, voting places, the conduct of preliminary, regular and
841
32
special city elections municipal election, the submission of charters, charter amendments and
842
other propositions to the voters, the counting of votes, the recounting of votes, and the
843
determination of results.
844
ARTICLE 8
845
GENERAL PROVISIONS
846
SECTION 8-1: CHARTER CHANGES
847
This charter may be replaced, revised or amended in accordance with the state constitution or the
848
General Laws.
849
SECTION 8-2: SPECIFIC PROVISION TO PREVAIL
850
To the extent that a specific provision of this the charter conflicts with any provision expressed
851
in general terms, the specific provision of this the charter shall prevail.
852
SECTION 8-3: RULES AND REGULATIONS
853
A copy of all rules and regulations adopted by a city agency shall be posted to the city website.
854
Unless an emergency exists, as determined by the mayor, a rule or regulation adopted by a city
855
agency shall not become effective until at least 5 days following the date it is posted. This
856
section shall not apply to internal operating protocols and policies enacted by city departments.
857
SECTION 8-4: PERIODIC REVIEW OF CHARTER
858
The mayor and city council shall provide for a review to be made of the city charter at least once
859
every 10 years to determine the need, if any, for changes and prepare recommendations
860
addressing suchany proposed changes. The manner of the review shall be established by
861
ordinance and incorporate opportunities for community input. The report of the committee and
862
accompanying recommendations, if any, shall be filed with the city clerk on a date specified by
863
ordinance.
864
SECTION 8-5: PERIODIC REVIEW OF ORDINANCES
865
The mayor and city council shall provide for a review to be made of some or all of the city
866
ordinances at least once every 10 years to determine the need for amendments, if any. Such
867
review shall be scheduled to follow the charter review as provided in section 8-4 of the charter
868
33
by at least 1 year. The manner of the review shall be established by ordinance. The review of city
869
ordinances shall be under the supervision of the city solicitor attorney and incorporate
870
opportunities for community input. The recommendations shall be filed with the city clerk on a
871
date specified by ordinance.
872
SECTION 8-6: PERIODIC REVIEW OF MULTIPLE MEMBER BODIES
873
The mayor and the city council shall provide for a review to be made of all multiple member
874
bodies at least once every 10 years., provided, however, that such bodies as are required in cities
875
by the General Laws, established by a special act of the legislature at the city’s request or
876
established by the city’s acceptance of one or more state enabling laws at least 10 years prior to
877
the adoption of the charter shall not be included in such review. This review shall be made by a
878
special committee whose membership and term shall be determined by ordinance, and the initial
879
review shall be implemented as provided in section 9-7(d). The special committee shall file its
880
report with the city clerk on a date specified by ordinance. The committee’s report should
881
include an assessment of the function and relevance of all multiple member bodies included in
882
the review, and may include recommendations to combine, dissolve or create multiple member
883
bodies to address redundancies or newemerging concerns of the city. Recommendations shall not
884
conflict with multiple member bodies required by the General Laws.
885
SECTION 8-7: UNIFORM PROCEDURES GOVERNING MULTIPLE MEMBER BODIES
886
Open meeting law and procedures in the General Laws shall apply to the proceedings of multiple
887
member bodies, includingand shall include the following:
888
(1) Officers - All appointed multiple member bodies shall elect a chair, a vice-chair and
889
any other officer it deems necessary.
890
(2) Meetings - All appointed multiple member bodies of the city shall meet regularly at
891
the times and places that the multiple member body, by the body’s own rules, prescribe.
892
Special meetings of any multiple member body shall be held at the call of the chair or by
893
a majority of the members of the body. Notice of the meeting shall be posted as required
894
by law. Except as may otherwise be authorized by law, all meetings of all multiple
895
member bodies shall, at all times, be open to the public.
896
34
(3) Meeting Documents and Submissions - Each appointed multiple member body shall
897
determine its own rules and order of business. Each multiple member body shall provide
898
for the keeping of agendas, minutes and related submissions of its proceedings. All
899
documents shall be a public record and certified copies shall be placed on file in the
900
office of the city clerk within a reasonable period from the date of approval.
901
(4) Voting - If requested by aany member, a vote of an appointed multiple member body
902
shall be taken by a roll call vote and the vote of each member shall be recorded in the
903
minutes, provided, however, that if the vote is unanimous only that fact need be recorded.
904
Unless some other provision is made by the multiple member body's own rules while a
905
quorum is present, except on procedural matters, any action on a matter representing an
906
exercise of the powers of the multiple member body shall require a majority vote.
907
General Laws related to a vote to meet in executive session shall always require a
908
majority of members of the body.
909
SECTION 8-8: REFERENCES TO GENERAL LAWS
910
All references to General Laws contained in the this charter refer to the Massachusetts General
911
Laws and are intended to refer to and to include any amendments or revisions to chapters or
912
sections or to the corresponding chapters and sections of any rearrangement, revision or
913
recodification of statutes enacted or adopted subsequent to the adoption of this charter.
914
SECTION 8-9: COMPUTATION OF TIME
915
In computing time under this charter, the day of the act or event after which the designated time
916
period begins to run shall not be included. The last day of the period shall be included, unless it
917
is a Saturday, Sunday or legal holiday, in which event the period shall be extended to the next
918
business day.
919
SECTION 8-10: OATHS OR AFFIRMATIONS
920
(a) Officials Elected in Regular Municipal Elections - On the first business day in January of
921
each even-numbered year, the city council members-elect, the school committee members-elect
922
and the mayor-elect, shall meet and take an oath or affirmation to faithfully discharge the duties
923
of their office. The oath or affirmation shall be administered by the city clerk, the assistant city
924
35
clerk, a judge of a court of record or by a justice of the peace. Each official taking the oath or
925
affirmation shall also sign a written version, which shall be kept in a bound book maintained by
926
the city clerk. If the mayor-elect or any member-elect of the city council or school committee is
927
absent on the day the oath is administered, the oath or affirmation may be administered at any
928
time after to that person.affirmation shall be administered at any time within 10 days of the first
929
business day of January, unless circumstances beyond the control of the officer-elect prevent
930
such action, but in no instance shall the time period to be sworn to office extend beyond 30 days
931
from the first business day of January.
932
(b) Other Elected Officials and Appointed Positions - Except as otherwise provided by law,
933
every person who is elected or appointed to an office or as a member of a multiple member body
934
shall take an oath or affirmation before performing any act under this election or appointment. A
935
record of this oath or affirmation shall be kept by the city clerk.
936
SECTION 8-11: LIMITATION ON OFFICE HOLDING
937
Unless otherwise allowed by law or this charter, a person shall not simultaneously hold more
938
than 1 office or position of employment with the city. This section may be waived by the mayor
939
by filing a notice of the waiver with an explanation and justification with the city clerk.
940
SECTION 8-12: FELONY CONVICTION
941
An elected official who has been convicted of a state or federal felony while holding office shall
942
be deemed to have vacated the office.
943
SECTION 8-13: ENFORCEMENT OF CHARTER PROVISIONS
944
It shall be the duty of the mayor to see that the this charter is faithfully followed and complied
945
with by all city agencies and employees. Whenever it appears to the mayor that a city agency or
946
employee is not following the this charter, the mayor shall, in writing, cause notice to be given to
947
that agency or employee directing compliance with this charter. Whenever it appears to the city
948
council that the mayor is not following this charter, the city council shall, by resolution, direct
949
the attention of the mayor to those areas in which it believes there is a failure to comply with the
950
this charter. The procedures made available in chapter 231A of the General Laws may be used to
951
determine the rights, duties, or other legal relations arising under the this charter, including any
952
36
question of construction or validity which may be involved in that determination.
953
ARTICLE 9
954
TRANSITION PROVISIONS
955
SECTION 9-1: CONTINUATION OF EXISTING LAWS
956
(a) All General Laws, special laws, city ordinances, city council votes, rules and regulations of or
957
pertaining to the city that are in force when this charter takes effect, and not specifically or by
958
implication repealed by this charter, shall continue in full force and effect until amended or
959
repealed, or rescinded by due course of law, or until they expire by their own limitation. In any
960
case in which the provisions of the this charter are found to be inconsistent with the provisions of
961
any general or special law that would otherwise be applicable, the provisions of the this charter
962
shall prevail.
963
(b) Except as otherwise provided in this charter, the city shall not be subject to provisions of
964
chapter 31 of the General Laws. Uniform positions within the police department and the fire
965
department below the rank of chief of department shall continue to be subject to said chapter 31.
966
Tenured civil service employees of the city shall continue to be subject to the provisions of said
967
chapter 31 in the classification held at the time of the effective date of this charter.
968
SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION
969
All city agencies and city officials shall continue to perform their duties until reappointed, until
970
successors to their respective positions are appointed or until their duties have been transferred
971
and assumed by another city agency. All officers and department heads previously appointed or
972
appointed and confirmed at the time this charter takes effect shall not be required to be re-
973
appointed or re-appointed and confirmed, unless otherwise provided by this charter.
974
SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY
975
All records and property of any city agency, or part thereof, the powers and duties of which are
976
assigned in whole or in part to another city agency, shall be transferred forthwith to that agency.
977
SECTION 9-4: CONTINUATION OF PERSONNEL
978
All city office holders and employees shall retain the office, position or
979
37
employment they hold, and shall continue to perform the duties of the office, position or
980
employment until their employment or position is otherwise terminated or other provisions are
981
made. A person in full-time service of the city shall not forfeit accrued time in service of the city
982
as a result of adoption of the this charter.
983
SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC.
984
All official bonds, recognizances, obligations, contracts and other instruments entered into or
985
executed by, with, or on the behalf of the city before the adoption of the this charter, shall
986
continue to be obligations of the city; and all taxes, assessments, fines, penalties and forfeitures,
987
incurred or imposed, due or owing to the city, shall be enforced and collected; and all writs,
988
prosecutions, actions and causes of action, except as herein otherwise provided, shall continue
989
without abatement and remain unaffected by the this charter; and any legal act done by or in
990
favor of the city shall not be rendered invalid by reason of the adoption of the this charter.
991
SECTION 9-6: DISPOSITION OF CERTAIN SPECIAL ACTS
992
(a) Certain Special Acts Recognized and Retained - repealed:
993
The following special acts are hereby especiallyrepealed: St.1899, c. 240, establishing a charter
994
for the city of Somerville; provided, however, that section 38 establishing the composition and
995
term of the board of health, section 39 establishing the composition and term of the board of
996
library trustees, and section 43 requiring that the purchasing agent make all city purchases, shall
997
remain in effect until such time as the city acts under Article 5 of the charter to enact 1 or more
998
administrative orders; St. 1982, c. 656 authorizing the mayor and council salaries to be set by
999
ordinance; St. 1989, c. 355, establishing a 3 year term for the city clerk;, St. 2014, c. 90, filling a
1000
vacancy in the office of mayor; St. 2018, c. 355, replacing the words “board of aldermen” and
1001
“alderman”, with the words “city council” and “councilor”, replacing the words “alderman at-
1002
large” with the words “councilor at-large”, and replacing the words “aldermen-elect” with the
1003
words “council-elect”, and St. 2022, c. 312, making c. 240 of 1899 gender neutral.
1004
(b) Certain Special Acts Recognized and Retained:
1005
The following special acts, including those which amended Chapter 240 of the Acts of 1899,
1006
relating to the organization of the city's government, are recognized and retained: [TO BE
1007
38
ADDED BY THE CITY COUNCIL] as follows, notwithstanding any reference to said c. 240:
1008
St. 1923, c.191, St. 1939, c.190, and St. 2018, c.410 relating to the Licensing Commission; St.
1009
1928, c. 41 and c. 81, St. 2021, c. 63 relating to the Board of Appeals; St. 1928, c. 82, St. 2018,
1010
c. 410, and St. 2012, c. 400 relating to the Board of Election Commissioners; St. 1934, c. 294
1011
relating to the Auditor, St. 1934, c. 295 relating to the Treasurer; St. 1953, c. 653, St. 1988, c.
1012
94, ss. 40, 40A, B, C, and D, St. 2004, c. 317, and St. 2008, c.112 relating to the Department of
1013
Public Works; St. 1977, c. 644 relating to the School Committee; St. 1985, c. 23, and St. 2012, c.
1014
400 relating to the Board of Assessors; St. 1991, c. 390 relating to the Disabilities Commission;
1015
St. 2008, c. 106 establishing the Municipal Hearing Officer; St. 2012, c. 381, and St. 2016, c.
1016
142 relating to the Alcoholic Beverages Commission; St. 2018, c. 364 relating to the
1017
Redevelopment Authority; St. 1978, c.297, St. 2012, c.312. and St. 2012, c. 400 relating to the
1018
Traffic Commission; and ss. 1-10, 26, 50, 43, 47, 48, 49, 50, 56, 57, 58, 59 and 60 of c. 400 of
1019
the Acts of 2012 until such time as the city acts under Article 5 of this charter to adopt 1 or more
1020
administrative orders.
1021
SECTION 9-7: TIME OF TAKING EFFECT
1022
[TO BE ADDED BY THE CITY COUNCIL]
1023
(a) CREATION OF PUBLIC FINANCING OF CAMPAIGNS COMMITTEE
1024
(a) The provisions of section 3-6 of this charter relating to the appointment of the Chief
1025
Administrative Officer shall take effect following the regular municipal election in 2025.
1026
(b) The provisions of Article 7 relating to municipal elections shall be in effect for the
1027
preliminary and regular municipal elections to be held in 2027.
1028
(c) The provisions of Article 6 relating to the operating budget, the capital improvements
1029
program, and the municipal audit shall take effect for the fiscal year beginning July 1, 2026 (FY
1030
2027).
1031
(d) Within 180 days of the adoption of this charter, the mayor shall promulgate and submit an
1032
administrative order pursuant to Article 5 establishing a selection process for a city attorney. Any
1033
such selection process shall include the establishment of a special screening committee to review
1034
candidates for the position of city attorney. Said special screening committee shall include at
1035
least 1 member of the city council, designated by the city council president. Nothing in this
1036
39
section shall be deemed to apply to the reappointment of a city attorney.
1037
(e) Creation of Public Financing of Campaigns Committee
1038
Within 6 months of the adoption of the this charter, the city council shall create a public
1039
financing of campaigns committee to study public financing mechanisms and prepare
1040
recommendations with the goal of making running for office in the city more accessible to
1041
potential candidates. The directive of this study committee is to consider a full range of options
1042
as practicable, provide analysis on the potential benefits and barriers of each option, and consider
1043
which are the best fit for the city. should be recommended to the city council for its
1044
consideration.If the city council has already taken action consistent with this provision, no action
1045
is necessary.
1046
The committee shall consist of 9 members: 1 shall be the chair of the board of elections
1047
commissioners or their designee, 1 shall be the city council president or their designee, 1 shall be
1048
the chair of the school committee or their designee, 2 shall be community members city residents
1049
appointed by the city council, 2 shall be community memberscity residents appointed by the
1050
school committee, 2 shall be community memberscity residents appointed by the mayor. The
1051
committee shall elect a chair and establish the schedule of its meetings. The committee shall
1052
issue recommendations to the city council within 12 months of the appointment of all of the
1053
members. The city council shall take action on the recommendations within 90 days of receipt. If
1054
the city council has already taken action consistent with this provision, no action is necessary.
1055
The committee shall issue recommendations to the city council within 12 months of creation.
1056
The city council shall take action on the recommendations within 90 days of receipt.
1057
(b) CREATION OF THE INITIAL FIRST EQUITABLE COMPENSATION DISTRIBUTION
1058
COMMITTEE
1059
The mayor and the city council shall convene the initial equitable compensation distribution
1060
committee, pursuant to section 5-3, within sufficient time that the committee’s report can be
1061
delivered by the date of the Annual Budget Meeting in the following calendar year. If the city
1062
council has already taken action consistent with this provision, no action is necessary.
1063
40
In addition to the subject matter required in section 5-3, the committee’s initial report shall
1064
include: (1) proposed solutions to address existing compensation disparities or related issues,
1065
including but not limited to tying mechanisms (a set ratio to determine pay of elected officials,
1066
tying the highest possible pay of an elected official to the lowest paid municipal employee); (2) a
1067
proposed implementation plan to establish compensation distribution standards; (3) an analysis
1068
of the proposed cost and timeline to implement those standards; (4) a comparative analysis of
1069
other approaches to this issue in similar municipalities; and (5) an analysis of the impacts on the
1070
community of the city.
1071
The committee shall consist of at least 8 members: 1 shall be the mayor or their designee, 1 shall
1072
be the city council president or their designee, 1 shall be the chair of the school committee or
1073
their designee, 1 shall be a member of the municipal compensation advisory board, 1 shall be a
1074
member of the charter review committee, 1 shall be a community member appointed by the
1075
mayor, 1 shall be a community member appointed by the city council, and one shall be the city
1076
auditor or their designee. In addition, any other representation deemed necessary by the mayor
1077
and city council may be jointly appointed. The committee shall elect a chair and establish the
1078
schedule of its meetings.
1079
The committee shall be provided with an initial budget of at least $50,000 for its expenses,
1080
including hiring of consultants as required to assist with the examination and analysis.
1081
The committee shall submit a report to the city council and the city council shall respond to and
1082
vote on the recommendations within 90 days of receipt.
1083
(c) CREATION OF RANKED CHOICE VOTING IMPLEMENTATION COMMITTEE
1084
(f) Creation of Ranked Choice Voting Implementation Committee
1085
Within 6 months of the passingadoption of the this charter, the city council shall create a ranked
1086
41
choice voting committee to propose a measure to adopt ranked-choice voting and submit a report
1087
on ranked-choice voting in the city. A voting method shall be considered ranked choice voting if
1088
the municipal voter ranks candidates in order of preference. The committee’s report shall
1089
include: The committee’s report shall include:(1) the elected offices to be selected by this voting
1090
method; (2) a timeframe and strategy for implementation; (3) infrastructure and equipment
1091
requirements; (4) a cost analysis; (5) a comparative analysis of other voting methods; (6) an
1092
analysis of potential equity concerns; and (7) a community education plan. If the city council has
1093
already taken action consistent with this provision, no action is necessary.
1094
(1) the elected offices to be selected by this voting method;
1095
(2) a timeframe and strategy for implementation;
1096
(3) infrastructure and equipment requirements;
1097
(4) a cost analysis;
1098
(5) a comparative analysis of other voting methods;
1099
(6) an analysis of potential equity concerns; and
1100
(7) a community education plan.
1101
If the city council has already taken action consistent with this provision, no action is necessary.
1102
The goal of this committee is to implement ranked choice voting in order to more accurately
1103
reflect the will of the voters, increase the number and diversity of candidates, lower barriers to
1104
candidate participation and increase transparency of elections.
1105
The committee shall consist of 9 members: 1 shall be the chair of the board of elections
1106
commissioners or their designee, 1 shall be the city council president or their designee, 1 shall be
1107
the chair of the school committee or their designee, 2 shall be community memberscity residents
1108
appointed by the city council, 2 shall be community memberscity residents appointed by the
1109
school committee, 2 shall be community memberscity residents appointed by the mayor. The
1110
committee shall elect a Chair and establish the schedule of its meetings. The committee shall
1111
propose a measure to the city council within 18 months of the appointment of its full
1112
membership. The city council shall take action on the measure within 90 days of receipt.
1113
42
The committee shall propose a measure to the city council within 18 months. The city council
1114
shall take action on the measure within 90 days of receipt.
1115
(d) INITIAL PERIODIC REVIEW OF MULTIPLE MEMBER BODIES
1116
(g) Initial Periodic Review of Multiple Member Bodies
1117
The mayor and the city council shall convene the first periodic review of multiple member
1118
bodies committee, pursuant to section 8-6, within 6 months of the passingadoption of the this
1119
charter. The committee’s report should include:
1120
(1) an assessment of the functions and relevancies of the city’s current multiple member
1121
bodies;
1122
(2) a review of activities of multiple member bodies from recent years;
1123
(3) the ability of the city to fill appointments to the body; and
1124
(4) recommendations for combining, removingterminating, or addingestablishing new
1125
multiple member bodies.
1126
If the city council has already taken action consistent with this provision, no action is necessary.
1127
The committee shall consist of at least 85 members: 1 shall be the mayor or their designee, 1
1128
shall be the city council president or their designee, 1 shall be the chair of the school committee
1129
or their designeecity clerk , 1 shall be a member of the municipal compensation advisory board,
1130
1 shall be a member of the charter review committee, 1 shall be a community membercity
1131
resident appointed by the mayor, 1 shall be a community membercity resident appointed by the
1132
city council, and 1 shall be the city auditor. In addition, any other representation deemed
1133
necessary by the mayor and the city council may be jointly appointed.
1134
The committee shall elect a chair and establish the schedule of its meetings. The committee shall
1135
be provided with an initial budget of at least $25,000 for its expenses, including hiring of
1136
consultants as required to assist with the examination and analysis.
1137
The committee shall submit a report to the city council. and theyThe city council shall respond to
1138
43
and vote on the recommendations within 90 days of receipt.
1139
(e) PARTICIPATORY BUDGETING STUDY COMMITTEE
1140
(h) The city council shall consider the acceptance of section 91 of chapter 41 of the General laws
1141
within 120 days of the adoptions of this charter.Within 6 months120 days of the
1142
adoptioneffective date of this charter, the city council shall create a participatory budgeting
1143
committee to study participatory budgeting and related participatory mechanisms and prepare
1144
recommendations with the goal of increasing resident participation in city government. The
1145
directive of this study committee is to consider a full rangethe acceptance of section 91 of
1146
chapter 41 of options as practicable, provide analysis on the potential benefits and barriers of
1147
each option, review the results of previous participatory budgeting programs, and consider which
1148
are the best fit for the city. If the city council has already taken action consistent with this
1149
provision, no action is necessary. the eneral aws.
1150
The committee shall consist of 9 members: 1 shall be the director of finance or their designee, 1
1151
shall be the city council president or their designee, 1 shall be the chair of the school committee
1152
or their designee, 2 shall be community members appointed by the city council, 2 shall be
1153
community members appointed by the school committee, and 2 shall be community members
1154
appointed by the mayor. The committee shall elect a chair and establish the schedule of its
1155
meetings.
1156
The committee shall issue recommendations to the city council within 12 months of creation
1157
SECTION 2. The city clerk shall cause the following question to be place on the official ballot to
1158
be used in the city of Somerville at the regular municipal election to be held on November 4,
1159
2025: Shall the city adopt Chapter XXX of the Acts of 2025 that provides a special act charter
1160
for the city of Somerville? The city attorney shall prepare the summary of the proposed special
1161
act charter which shall appear on the ballot along with the question provided in this section and
1162
the city attorney shall submit the question and summary to the city clerk in accordance with
1163
section 42C of chapter 54 of the General Laws.
1164
1165
SECTION 3. Section 1 shall take effect upon acceptance by a majority of the voters of the city
1166
44
voting in the affirmative, but not otherwise.
1167
1168
SECTION 4. Section 2 shall take effect upon passage.. The city council shall take action on the
1169
recommendations within 90 days of receipt.
1170