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HRP Charter Revision — File 25-0482

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1 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. 1 AN ACT ESTABLISHING A CHARTER FOR THE CITY OF SOMERVILLE 2 3 Be it enacted by the Senate and House of Representatives in General Court assembled, and by 4 the authority of the same as follows: 5 6 SECTION 1. The following shall be the charter for the city of Somerville Charter Text: PREAMBLE 7 We, the people of Somerville, with our diversity in culture and thought, in order to reaffirm the 8 liberties of the people with respect to the conduct of our local government, adopt this charter to 9 continue and enhance the city’s strong traditions of the pursuit of justice; empowerment of 10 residents; ethical, transparent and responsive leadership; wise use of public resources; 11 representation for all; and an engaged populace. We expect that our government will be 12 approachable, accountable, equitable, inclusive, and respectful towards all people, and it will 13 strive to provide all residents an equal opportunity to participate fully in the economic, cultural 14 and intellectual life of the city. 15
2 ARTICLE 1 16 INCORPORATION; SHORT TITLE; DEFINITIONS 17 SECTION 1-1: INCORPORATION 18 The residents of the City of Somerville within the territorial limits established by law, shall 19 continue to be a municipal corporation, a body corporate and politic, under the name "City of 20 Somerville.” 21 SECTION 1-2: SHORT TITLE 22 This instrument shall be known and may be cited as the City of Somerville Charter (“charter”). 23 SECTION 1-3: SEPARATION OF POWERS 24 The administration of the fiscal, prudential and municipal affairs of the city shall be vested in an 25 executive branch led by a mayor and a legislative branch consisting of a city council. The 26 legislative branch shall never exercise any executive power and the executive branch shall never 27 exercise any legislative power. 28 SECTION 1-4: POWERS OF THE CITY 29 Subject only to express limitations on the exercise of any power or function by a municipal 30 government in the constitution or General Laws, it is the intention and the purpose of the 31 municipal voters of the city, through the adoption of this charter, to secure for themselves and 32 their government all of the powers it is possible to secure as fully and as completely as though 33 each power were specifically and individually enumerated in this charter. 34 SECTION 1-5: CONSTRUCTION 35 The powers of the city under this charter are to be construed liberally in favor of the city and the 36 specific mention of any particular power is not intended to limit the general powers of the city as 37 stated in section 1-4. To the extent that any provision of this charter shall conflict with any 38 special act or law adopted by the city to the contrary, the provisions of this charter shall prevail. 39 SECTION 1-6: INTERGOVERNMENTAL RELATIONS 40 Subject only to express limitations in the constitution or General Laws, the city may exercise any 41
3 of its powers or perform any of its functions and may participate in the financing thereof, jointly 42 or in cooperation, by contract or otherwise, with the commonwealth or any of its agencies or 43 political subdivisions, or with the United States government or any of its agencies. 44 SECTION 1-7: DEFINITIONS 45 Unless the context clearly requires otherwise, the following terms shall have the following 46 meanings as used in this charter: 47 (1) “Business day”, any day that is not a Saturday, Sunday, or legal holiday. For the 48 purposes of this definition, legal holiday shall mean Massachusetts legal holidays as 49 published by the secretary of the commonwealth. 50 (2) “Charter”, this charter and any adopted amendments to it. 51 (3) “City” or “city”, the City of Somerville. 52 (4) “City agency”, any multiple member body, department, division or office of the city. 53 (5) “City officer” or “department head”, a person having charge of a city office or 54 department. 55 (6) “City website”, an online site established and maintained by the city as its repository 56 of municipal information. 57 (7) “Emergency”, a sudden, generally unexpected occurrence or set of circumstances 58 demanding immediate action or response. 59 (8) “General Laws”, the Massachusetts General Laws. 60 (9) “Majority vote”, a majority of the present and voting members of a body, unless 61 otherwise provided for by law or by the body’s own rules. Provided, however, that 62 General Laws related to any vote to meet in executive session shall always require a 63 majority of the full multiple member body. 64 (10) “Measure”, any ordinance, order, other vote or proceeding adopted, or proposed to 65 be adopted, by the city council or the school committee. 66 (11) “Multiple member body”, any council, commission, committee, subcommittee or 67 other body consisting of 2 or more persons, whether elected, appointed or otherwise 68 constituted, but not including the city council or its committees, the school committee or 69 its subcommittees or an advisory committee or task force established by the mayor or city 70
4 council. 71 (i) “Quasi-judicial body”, any multiple member body which resolves specific 72 disputes, or makes determinations about the rights, obligations or privileges of 73 identifiable parties. 74 (ii) “Regulatory body”, any multiple member body responsible for establishing or 75 enforcing rules or regulations. 76 (12) “Municipal voter”, anyone who is eligible to vote in a municipal election pursuant to 77 this charter. 78 (13) “Organization or reorganization plan”, a plan submitted by the mayor to the city 79 council which proposes: 80 (i) a change in the organization or the administrative structure of the city 81 administration or organization; or (ii) a change in the way in which municipal 82 services are delivered. 83 (ii) a change in the way in which municipal services are delivered. 84 (14) “Post”, make available publicly on the city website, at city hall, in a local newspaper 85 and or as otherwise may be required by law. For the purposes of this definition, a local 86 newspaper shall be a newspaper of general circulation within the city, with either weekly 87 or daily circulation. The city council president may, from time to time, select a local 88 newspaper for posting according to a procedure that shall be set forth in the rules of the 89 city council. 90 (15) “Quorum”, a majority of all voting members of a multiple member body unless 91 some other number is established by law or by ordinance. 92 (16) “Statewide voter”, anyone who is eligible to vote pursuant to state and federal law. 93 (17) “Year”, a calendar year, unless otherwise specified. 94 ARTICLE 2 95 LEGISLATIVE BRANCH 96
5 SECTION 2-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 97 (a) Composition - There shall be a city council consisting of 11 members which shall exercise 98 the legislative powers of the city. Four of these members, to be known as councilors at-large, 99 shall be nominated and elected by the municipal voters at large. Seven of these members, to be 100 known as ward councilors, shall be nominated from and elected by the municipal voters in each 101 ward, with 1 ward councilor to be elected from each of the 7 wards into which the city is divided 102 under section 7-7. 103 (b) Term of Office - The term of office for councilors shall be 2 years each, beginning on the 104 first business day in January following the municipal election. 105 (c) Eligibility - Any statewide voter residing in the city shall be eligible to hold the office of 106 councilor at-large. Any statewide voter residing in the ward from which election is sought shall 107 be eligible to hold the office of ward councilor. If the city council determines that a ward 108 councilor or a councilor at-large has removed from the city during the councilor’s term, that 109 office shall immediately be deemed vacant and filled in the manner provided in section 2-12. A 110 ward councilor who removes from the ward in which the councilor was elected and who remains 111 a municipal voter of the city may continue to serve the balance of the term to which elected. 112 SECTION 2-2: PROHIBITIONS 113 (a) Holding Other City Position – Except as otherwise provided by this charter, a member of the 114 city council shall hold no other compensated city position. A former member of the city council 115 shall not hold any compensated appointed city position for 1 year after termination of their 116 service on the city council, unless approvedthe city council approves a waiver of this provision 117 by affirmative vote of 8 members of the city council. This section shall not prevent a city 118 employee who vacated a position to serve as a member of the city council from returning to the 119 same position upon the expiration of the term for which that person was elected. 120 (b) Interference with Administration - The city council or any member of the city council shall 121 not give orders or directions to any employee of the city appointed by the mayor, either publicly 122 or privately. 123 SECTION 2-3: COMPENSATION 124
6 The members of the city council shall receive compensation for their services as set by 125 ordinance. An ordinance increasing or reducing the compensation of the members of the city 126 council shall not be effective unless: 127 (1) it is adopted by affirmative vote of 8 members of the city council; 128 (2) it is adopted prior to the last 6 months of the city council’s term; and 129 (3) it provides that the compensation increase or reduction is to take effect upon the 130 organization of the city government following the next regular citymunicipal election. 131 SECTION 2-4: GENERAL POWERS 132 Except as otherwise provided by the General Laws or by this charter, all powers of the city shall 133 be vested in the city council which shall provide for the performance of all duties and obligations 134 imposed upon the city by law. 135 SECTION 2-5: EXERCISE OF POWERS; QUORUM; RULES 136 (a) Exercise of Powers - Except as otherwise provided by General Laws or by this charter, the 137 legislative powers of the city council may be exercised in a manner determined by the city 138 council. 139 (b) Quorum - Once a quorum is present, a majority vote shall be required to adopt any ordinance, 140 except as otherwise provided by General Laws or by this charter. 141 (c) Rules of Procedure - The city council shall adopt rules regulating the procedures of the city 142 council, which shall be subject to adoption, amendment or repeal by vote of the city council. 143 (d) Meetings - Regular meetings of the city council shall be held at a time and place fixed by 144 ordinance. 145 (e) Special meetings of the city council shall be held at the call of the president or at the call of 146 any 6 or more members, for any purpose. Except in an emergency as declared by the city council 147 president, notice of the meeting shall be delivered to each member by hand or by electronic 148 mailthe city clerk at least 23 business days in advance of the time set and shall specify the date, 149 time, location and purpose for which the meeting is to be held. A copy of each notice shall 150 immediately be posted.The city clerk shall post an agenda for such meeting at least 2 business 151
7 days in advance of the time set. 152 (1f) All sessions of the city council and every city council committee or subcommittee shall, at 153 all times, be open to the public, unless otherwise specified by law. 154 (2g) A full, accurate, up-to-date account of the proceedings of the city council shall be 155 maintained by the city clerk, which shall include a record of each vote taken and be made 156 available with reasonable promptness following each meeting. Executive session minutes shall 157 be made available as soon as publication of the minutes would not defeat the purpose of the 158 executive session, unless otherwise provided by law. 159 SECTION 2-6: ELECTION, TERM, AND POWERS OF CITY COUNCIL PRESIDENT AND 160 VICE-PRESIDENT 161 (a) Election and Term - As soon as practicable after the councilors-elect have been qualified 162 following each regular citymunicipal election, as provided in section 7-4, the city council shall 163 elect from among its members a president and vice-president who shall serve for 1-year terms. 164 The member of the council with the most years of service shall preside at the election. If 2 or 165 more members have the same term of service the councilor with the last name that is first in 166 alphabetical order from among the councilorssuch councilors shall preside. The conduct of all 167 elections of the city council president and vice-president shall otherwise be prescribed within the 168 rules of the city council. 169 (b) Powers and Duties - The president shall have the following powers and duties: 170 (1) determine the agenda for city council meetings; 171 (2) preside at all meetings of the city council, regulate its proceedings, and decide all 172 questions of order, provided, however, that the vice-president shall preside in the absence 173 of the president; 174 (3) appoint all members of committees of the city council, whether special or standing; 175 (4) have the same powers to vote upon measures coming before the city council as any 176 other member of the city council; and 177 (5) perform any other duties consistent with the office that are established by this charter, 178
8 ordinance or other vote of the city council. 179 SECTION 2-7: APPOINTMENTS OF THE CITY COUNCIL 180 (a) City Clerk - The city council shall appoint a city clerk to serve at the pleasure of the city 181 council and until a qualified successor is chosen and qualified.. The city clerk shall have the 182 powers and duties relating to the keeping of records and vital statistics, the issuance of licenses 183 as are provided to city clerks by the General Laws and such additional powers and duties as may 184 be provided by law or by other vote of the city council. 185 (b) Advisory Legal Counsel - Subject to appropriation, the city council may secure legal 186 services, when needed, to seek a secondary legal opinion. The city council shall make a 187 reasonable request for legal services, and that request shall not be unreasonably denied by the 188 mayor. The city solicitor and any advisory legal counsel shall consult to the extent practicable 189 prior to the release of any secondary opinion. The legal services provided to the council shall not 190 include representation of the council or any councilor in any litigation, or the issuance of formal 191 legal opinions on behalf of the city. The city solicitor shall remain the only authorized officer of 192 the city in all legal matters involving the city’s government. 193 (c) Other Staff - Subject to appropriation, the city council may employ staff as it deems 194 necessary. 195 (d) Removals and Suspensions of City Council Staff - City council appointments may be 196 removed at the sole discretion of the city council subject to limitations and requirements imposed 197 by federal and state laws, rules or regulations and city personnel policies and procedures. 198 SECTION 2-8: CITY COUNCIL CONFIRMATION OF CERTAIN APPOINTMENTS 199 (a) Department Heads - The mayor shall refer to the city council for confirmation and 200 simultaneously file with the city clerk the name of each person the mayor has appointedappoints 201 as a department head. These appointments shall becomebe considered confirmed 30 days from 202 the date of the first regularly scheduled city council meeting after the date on which notice of the 203 appointment was filed with the city clerk, unless the city council within said 30 days shall reject 204 the appointment by the affirmative vote of 8 members. However, if no city council meeting is 205 held within the subsequent 30 days of the first meeting, the city council shall instead have 30 206
9 days from the second regularly scheduled meeting after the appointment to reject the 207 appointment. The city council shall not unreasonably reject an appointment and shall accompany 208 a rejection with a written statement describing the reason, which shall be delivered to the mayor 209 and placed on file with the city clerk within 30 days of filingthe city council’s vote rejecting an 210 appointment. The question on rejection of any appointment made by the mayor shall not be 211 subject to the procedure of charter objection provided in section 2-9(b) of this charter. 212 (b) Multiple Member Bodies - The mayor shall refer to the city council and simultaneously file 213 with the city clerk the name of each person the mayor desires to appoint as a member of a 214 multiple member body. The city council shall have 60 days after the date on which notice of the 215 proposed appointment was filed with the city clerk to vote to approve or reject the appointment, 216 with approval not to be unreasonably withheld. If the city council does not take action on the 217 appointment within 60 days the appointment shall be deemed approved. Multiple member body 218 members may be removed at the discretion of the mayor their appointing authority subject to 219 limitations and requirements imposed by federal and state law, rules or regulations. 220 (1) All appointments to quasi-judicial bodies and regulatory bodies shall be for terms 221 established by administrative order or the General Laws. Any member of a quasi-judicial 222 body or regulatory body appointed to a successive term shall be subject to confirmation 223 by the city council under section 2-8(b) upon the expiration of each term. 224 (12) In the event of a vacancy on a multiple member body where the seat has remained 225 vacant in excess of 1 year and the mayor has not referred to the city council any proposed 226 appointees to fill the vacancy, the city council president may present to the mayor the 227 names of no more thanup to 3 individualspersons as recommendations for appointment. 228 The procedure for selecting names of persons for presentation to the mayor shall be 229 established within the rules of the city council. 230 (23) The mayor shall twice annually, in February and August, post a complete list of the 231 vacancies withinon all multiple member bodies, as well as the procedures for individuals 232 to apply to become a member of thosesuch bodies. This posting shall be in addition to, 233 and not a substitute for, regular posting for the purpose of filling vacancies as they arise. 234 (c) Constables - The mayor shall refer to the city council and simultaneously file with the city 235 clerk the name of each person the mayor desires to appoint as a constable within the city. The 236
10 city council shall not unreasonably withhold confirmation of appointments and shall accompany 237 a rejection with a written statement describing the reason, which shall be delivered to and placed 238 on file with the city clerk within 30 days of that rejection. Constables shall serve for a term of 3 239 years, and submission for reappointment shall be made at least 60 days prior to the expiration of 240 a constable’s term. The question on confirmation of any appointment submitted by the mayor 241 shall not be subject to the procedure of charter objection provided in section 2-9(b) of this 242 charter. 243 (d) Civil Service(c) Police and Fire Employees - The mayor shall refer to the city council and 244 simultaneously file with the city clerk the name of each person the mayor desires to appoint or 245 promote as a member or officer of the police department or the fire department. The city council 246 shall not unreasonably withhold confirmation of appointments, shall adhere to any merit 247 principles identified in applicable law, including, but not limited to applicable civil service law, 248 and shall accompany a rejection with a written statement describing the reason, which shall be 249 delivered to and placed on file with the city clerk within 30 days of that rejection. The question 250 on confirmation of any appointment submitted by the mayor shall not be subject to the procedure 251 of charter objection provided in section 2-9(b) of this charter. 252 SECTION 2-9: ORDINANCES AND OTHER MEASURES 253 (a) Measures - Every adopted measure shall become effective at the expiration of 10 days after 254 adoption or upon the signature of the mayor, whichever occurs first, unless the ordinance or this 255 charter provides otherwise. An ordinance shall not be amended or repealed except by another 256 ordinance adopted in accordance with this charter. 257 (b) Charter Objection - On the first occasion that the question on adoption of a measure is put to 258 the city council, a single member may object to the taking of the vote and postpone the vote until 259 the next meeting of the city council, whether regular or special. If 2 or more members object, the 260 vote shall be postponed until the next regular meeting. This procedure shall not be used more 261 than once for any specific matter regardless of whether it has been amended. A charter objection 262 shall have privilege over all motions provided, however, that it shall be raised prior to or at the 263 call for a vote by the presiding officer and all debate shall cease. 264
11 SECTION 2-10: ACCESS TO INFORMATION 265 (a) In General - The city council may make investigations into the affairs of the city and into the 266 conduct and performance of any city agency. Absent compelling circumstances or an emergency 267 which shall be declared on record and noted in the city council minutes, the city council shall 268 give a minimum of 14 days’ notice to aany person it may require to appear before it under this 269 section. In circumstances involvingthe case of compelling circumstances or emergency, 7 days’ 270 notice shall be allowed. The notice shall include specific questions on which the city council 271 seeks information and any person called to appear before the city council under this section shall 272 not be required to respond to any question not relevant or related to those questions presented in 273 advance and in writing. The mayor shall receive a copy of any notice issued under this section at 274 the same time as the person who is requested to appear before the council. MajorityA majority 275 vote of the city council shall be required to issue notice under this section. 276 (b) Department Head - The city council may require, by majority vote, specific information from 277 a department head or their designee on any matter related to the municipal services, functions 278 and powers or duties which are within the scope of responsibility of that person.such department 279 head and related to the official duties and responsibilities of the city council. The department 280 head or their designee shall not be required to answer questions relating to any other matter 281 outside the scope of the matter noticed or provide information the release of which is prohibited 282 by law. 283 (c) Mayor - The city council may request, by majority vote, specific information from the mayor 284 on any municipal matter related to the official duties and responsibilities of the city council. The 285 mayor or their designee shall appear before the city council and respond to the questions. The 286 mayor or their designee shall not be required to answer questions relating to any other matter 287 outside the scope of the matter noticed or be required to provide information the release of which 288 is prohibited by law. The mayor may bring to this meeting any assistant, department head or 289 other city officer or employee that the mayor may consider necessary to assist in responding to 290 the questions posed by the city council. 291 SECTION 2-11: GROUP PETITIONS 292 The city council shall hold a public hearing and act with respect to every petition which is 293
12 addressed to it and which is signed by at least 50 municipal voters as certified by the board of 294 election commissioners. The hearing shall be held by the city council or by a committee or 295 subcommittee thereof, and the city council shall act on the petition within 3 months of filing with 296 the city clerk. Hearings on 2 or more petitions filed under this section may be held at the same 297 time and place. At least 14 days before the hearing, the city clerk shall notify the 10 petitioners 298 whose names first appear on each petition, publish a general summary of the subject matter of 299 the petition, and post notice of the date and time of the public hearing. A hearing shall not be 300 held upon any subject more than once in a 12-month period, as determined by the city council 301 president. 302 SECTION 2-12: FILLING OF VACANCIES 303 (a) Councilor At-Large – Whenever a vacancy occurs in the office of councilor at-large the 304 process for filling of the vacancy shall be determined by the number of days remaining until the 305 next municipal election. In all occurrences of a vacancy- When a vacancy exists for an at-large 306 city council seat and more than 180 days remain in the term, the city clerk shall notify the city 307 council and the chairperson of the board of election commissioners of the vacancy within 7 days. 308 Within 7 days after notification, the chairperson of the board of election commissioners or a 309 designee shall certify, in writing, to the city clerk that the defeated candidate for the office of 310 councilor at-large with the next highest number of votes at the prior municipal election at which 311 councilors at-large were elected for the term in which the vacancy occurs shall serve as councilor 312 at-large. If the person is eligible and , if willing and able to serve, theshall fill the remainder of 313 the existing term. The city clerk shall administer the oath of office to the person within 15 days 314 after certification and the person shall serve.take the seat. If the person who is eligible declines 315 the office, is not eligible and willing to serve, or fails to take the oath of office within the time 316 period set forth in this section, then the person with the next highest number of votes atfor 317
13 councilor at large at the prior municipal election who is eligible and willing to serve shall take 318 the seat under the same circumstances as above. If no such candidate for the office can serve. 319 If a , the city council shall call a special election to fill the seat until for the remainder of the 320 term. If the vacancy occurs: 321 (1) More than with 180 days until the next municipal election, the next highest candidate serves 322 the remainder of the unexpired term. If there is no defeated or fewer in the existing term, the 323 vacancy shall be filled as above; provided, however, if no candidate eligible and willing to serve 324 who has taken the oath of office, there shall be a special election. 325 (2) Less than or equalis available to 180 days prior to any regular municipal election in the office 326 of councilor at-large, the next highest candidate serves until the next municipal election. If there 327 is no eligible and willing candidate from the most recent municipal election, then the seat 328 remainstake the seat, the seat shall remain vacant until the next regular municipal election. The, 329 and the person elected shall fill the vacancy take office upon certification of the vote, and serve 330 for the remainder of the unexpiredexisting term andas well as the term to which elected. The city 331 clerk shall administer the oath of office to them at the next meeting of the city council. 332 (b) Ward Councilor - If a vacancy occurs in the office of ward councilor and more than 180 days 333 prior to any regular municipal election,remain on the city councilexisting term, the city council 334 shall immediately order a special election to fill the vacancy for the remainder of the unexpired 335 term. If a vacancy occurs 180 days or less prior to any regular municipal election, the seat or 336 fewer days before the end of the term, the seat shall remain vacant until the next regular 337 municipal election for the office and the person elected shall fill the vacancy for the remainder of 338 the unexpired term and the term to which elected. The city clerk shall administer the oath of 339 office to the person at the next meeting of the city council. 340 ARTICLE 3 341 EXECUTIVE BRANCH 342 SECTION 3-1: MAYOR: ROLE; TERM OF OFFICE; ELIGIBILITY 343
14 (a) Role - The chief executive officer of the city shall be a mayor, elected by the municipal 344 voters of the city at large. The role of mayor shall be a full-time position. 345 (b) Term of Office - The term of office for mayor shall be four 2 years, beginning on the first 346 business day in January following the municipal election. 347 (c) Eligibility - Any statewide voter residing in Somerville shall be eligible to hold the office of 348 mayor. 349 SECTION 3-2: PROHIBITIONS 350 The mayor shall not hold another compensated city position or other elected public office. A 351 former mayor shall not hold a compensated appointed city office or city employment for at least 352 1 year after termination of their service as the mayor. Any former mayor shall not receive 353 compensation for contracted work authorized during their tenure as the mayor, provided, 354 however, that they may be compensated for limited hours advising the incoming mayor.. This 355 subsection shall not prevent a city officer or other city employee who has vacated a position to 356 serve as the mayor from returning to the same office or other position of city employment held 357 when the position was vacated. This prohibition shall not apply to persons covered by a leave of 358 absence under section 37 of chapter 31 of the General Laws. 359 SECTION 3-3: COMPENSATION 360 The mayor shall receive compensation for their services as set by the city council by ordinance. 361 An ordinance increasing or reducing the compensation of the mayor shall not be effective unless: 362 (1) it is adopted by affirmative vote of 8 members of the city council; 363 (2) it is adopted prior to the last 6 months of the mayor’s term; and 364 (3) it provides that the compensation increase or reduction is to take effect upon the 365 organization of the city government following the next regular citymunicipal election. 366 SECTION 3-4: EXECUTIVE POWERS 367 (a) Executive Powers - The executive powers of the city shall be vested solely in the mayor and 368 may be exercised by the mayor either personally or through the city agencies under the general 369 supervision and control of the office of the mayor. The mayor shall cause this charter, laws, 370
15 ordinances and other orders of the city government to be enforced and shall cause a record of all 371 official acts of the executive branch of the city government to be kept. The mayor shall 372 supervise, direct, and be responsible for the efficient administration of all city activities and 373 functions placed under the control of the mayor by law or by this charter. The mayor or their 374 designee shall have the sole power to sign, seal, execute and deliver in behalf of the city, deeds 375 and leases of land sold or leased by the city, and other deeds, agreements, contracts, leases, 376 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