05.11.23 CC Proposed Charter Text - Scrivener's Errors — File 23-0794

Approved Proposed Somerville Charter Text July 14, 2022 Approved Unanimously by the Somerville Charter Review Committee

2 FINAL DRAFT 7/14 PREAMBLE 1 We, the people of Somerville, with our diversity in culture and thought, in order to reaffirm the liberties 2 of the people with respect to the conduct of our local government, adopt this charter to continue and 3 enhance the city’s strong traditions of the pursuit of justice; empowerment of residents; ethical, 4 transparent and responsive leadership; wise use of public resources; representation for all; and an engaged 5 populace. We expect that our government will be approachable, accountable, equitable, inclusive, and 6 respectful towards all people, and it will strive to provide all residents an equal opportunity to participate 7 fully in the economic, cultural and intellectual life of the city. 8

3 FINAL DRAFT 7/14 ARTICLE 1 9 INCORPORATION; SHORT TITLE; DEFINITIONS 10 SECTION 1-1: INCORPORATION 11 The residents of the City of Somerville within the territorial limits established by law, shall continue to be 12 a municipal corporation, a body corporate and politic, under the name "City of Somerville.” 13 SECTION 1-2: SHORT TITLE 14 This instrument shall be known and may be cited as the City of Somerville Charter (“charter”). 15 SECTION 1-3: SEPARATION OF POWERS 16 The administration of the fiscal, prudential and municipal affairs of the City of Somervillecity shall be 17 vested in an executive branch led by a mayor and a legislative branch consisting of a city council. The 18 legislative branch shall never exercise any executive power and the executive branch shall never exercise 19 any legislative power. 20 SECTION 1-4: POWERS OF THE CITY 21 Subject only to express limitations on the exercise of any power or function by a municipal government in 22 the constitution or General Laws, it is the intention and the purpose of the municipal voters of 23 Somervillethe city, through the adoption of this charter, to secure for themselves and their government all 24 of the powers it is possible to secure as fully and as completely as though each power were specifically 25 and individually enumerated in this charter. 26 SECTION 1-5: CONSTRUCTION 27 The powers of the City of Somervillecity under this charter are to be construed liberally in favor of the 28 city and the specific mention of any particular power is not intended to limit the general powers of the 29 city as stated in section 1-4. To the extent that any provision of this charter shall conflict with any special 30 act or law adopted by the city to the contrary, the provisions of this charter shall prevail. 31

4 FINAL DRAFT 7/14 SECTION 1-6: INTERGOVERNMENTAL RELATIONS 32 Subject only to express limitations in the constitution or General Laws, Somerville the city may exercise 33 any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in 34 cooperation, by contract or otherwise, with the commonwealth or any of its agencies or political 35 subdivisions, or with the United States government or any of its agencies. 36 SECTION 1-7: DEFINITIONS 37 Unless the context clearly requires otherwise, the following words terms shall have the following 38 meanings as used in this charter: 39 1) “Business day(s)”, - any day that is not a Saturday, Sunday, or legal holiday. 40 2) “Charter” -, this charter and any adopted amendments to it. 41 3) “The Ccity” -, the City of Somerville. 42 4) “City agency” -, any multiple member body, department, division or office of the City of 43 Somervillecity. 44 5) “City officer” or “department head”, - a person having charge of a city office or department. 45 6) “City website”, - an online site established and maintained by the city as its repository of 46 municipal information. 47 7) “Day(s)” - calendar days. 48 8) “Emergency”, - a sudden, generally unexpected occurrence or set of circumstances demanding 49 immediate action or response. 50 9) “Full city council”, - the entire authorized membership of the city council, notwithstanding any 51 vacancy which might exist. 52 10) “Full multiple member body”, - the entire authorized membership of a multiple member body, 53 notwithstanding any vacancy that exists. 54

5 FINAL DRAFT 7/14 11) “General Laws”, - the General Laws of the Commonwealth of Massachusetts General Laws, a 55 codification and revision of statutes enacted on December 22, 1920, and including all amendments 56 subsequently adopted. 57 12) “Majority vote”, - when used in connection with a meeting of a multiple member body, shall 58 mean a majority of those present and voting, unless another provision is made by ordinance or by such the 59 body’s own rules;. pProvided, however, that General Laws related to any vote to meet in executive 60 session shall always require a majority of the full multiple member body. 61 13) “Measure”, - any ordinance, order, other vote or proceeding adopted, or proposed to be adopted, 62 by the city council or the school committee. 63 14) “Multiple member body”, - any council, commission, committee, subcommittee, or other body 64 consisting of two 2 or more persons, whether elected, appointed or otherwise constituted, but not 65 including the city council, the school committee, or an advisory committee or task force established by 66 the mayor or city council. 67 15) “Municipal voter(s)”, - anyone who is eligible to vote pursuant to this charter in a municipal 68 election pursuant to this charter. 69 16) “Statewide voter(s)” - anyone who is eligible to vote pursuant to state and federal law. 70 17) “Organization or reorganization plan”, - a plan submitted by the mayor to the city council which 71 proposes: (ia) a change in the organization or the administrative structure of the city administration or 72 organization;, or (iib) a change in the way in which municipal services are delivered. 73 18) “Posting or postPost”, - making available publicly on the city website, at city hall, and as 74 otherwise may be required under the General Lawsby law. For the purposes of this definition, a local 75 newspaper shall be a newspaper of general circulation within the city, with either weekly or daily 76 circulation. The city council president may, from time to time, select a local newspaper for posting 77 according to a procedure that shall be set forth in the rules of the city council. 78 “Quorum”, - a majority of all voting members of a multiple member body unless some other number is 79 required by law or by ordinance. 80 Commented [KW1]: Approved - Special Committee on Charter Review 4/26; City Council 4/27

6 FINAL DRAFT 7/14 19) “Statewide voter(s)”, - anyone who is eligible to vote pursuant to state and federal law. 81 “Year”, - a calendar year, unless otherwise specified. 82

7 FINAL DRAFT 7/14 ARTICLE 2 83 LEGISLATIVE BRANCH 84 SECTION 2-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 85 (a) Composition - There shall be a city council consisting of eleven 11 members which shall exercise the 86 legislative powers of the city. Four of these members, to be known as councilors- at-large, shall be 87 nominated and elected by the municipal voters at large. Seven of these members, to be known as ward 88 councilors, shall be nominated from and elected by the municipal voters in each ward;, with one 1 such 89 ward councilor to be elected from each of the seven 7 wards into which the city is divided under section 90 7-7. 91 (b) Term of Office - The term of office for councilors shall be two 2 years each, beginning on the first 92 business day in January following the municipal election. 93 (c) Eligibility - Any statewide voter shall be eligible to hold the office of councilor- at-large. Any 94 statewide voter in the ward from which election is sought shall be eligible to hold the office of ward 95 councilor. If the city council determines that a ward councilor or a councilor- at-large has removed from 96 the city during the councilor’s term, that office shall immediately be deemed vacant and filled in the 97 manner provided in section 2-12. A ward councilor who removes from the ward in which the councilor 98 was elected and who remains a municipal voter of the city may continue to serve the balance of the 99 current termterm to which elected. 100 SECTION 2-2: PROHIBITIONS 101 (a) Holding Other City Position – Except as otherwise provided by this charter, a member of the city 102 council shall hold no other compensated city position. A former member of the city council shall not hold 103 any compensated appointed city position for 1 year after termination of their service on the city council, 104 unless eight 8 members of the city council approve the appointment. This section shall not prevent a city 105 employee who vacated a position to serve as a member of the city council from returning to the same 106 position upon the expiration of the term for which that person was elected. 107

8 FINAL DRAFT 7/14 (b) Interference with Administration - The city council or any member of the city council shall not give 108 orders or directions to any employee of the city appointed by the mayor, either publicly or privately. 109 SECTION 2-3: COMPENSATION 110 The members of the city council shall receive compensation for their services as set by ordinance. An 111 ordinance increasing or reducing the compensation of the members of the city council shall not be 112 effective unless: 113 (i1) it is adopted by a 2/3 affirmative vote of 8 members of the full city council; 114 (ii2) it is adopted during the first 18prior to the last 6 months of the council’s term; and 115 (iii3) it provides that the compensation increase or reduction is to take effect upon the organization of the 116 city government following the next regular city election. 117 SECTION 2-4: GENERAL POWERS 118 Except as otherwise provided by the General Laws or by this charter, all powers of the city shall be vested 119 in the city council which shall provide for the performance of all duties and obligations imposed upon the 120 city by law. 121 SECTION 2-5: EXERCISE OF POWERS; QUORUM; RULES 122 (a) Exercise of Powers - Except as otherwise provided by General Laws or by this charter, the legislative 123 powers of the city council may be exercised in a manner determined by the city council. 124 (b) Quorum - Once a quorum is present, the affirmative roll call vote of a majority of members present 125 shall be required to adopt any ordinance, except as otherwise provided by General Laws or by this 126 charter. 127 (c) Rules of Procedure - The city council shall adopt rules regulating the procedures of the city council, 128 which shall include, but not be limited to, the following rules: 129

9 FINAL DRAFT 7/14 (i1) regular meetings of the city council shall be held at a time and place fixed by ordinance and all 130 regular meetings of the city council shall provide for a period of public comment;. tThe city council may 131 make rules that regulate the period of public comment; 132 (ii2) special meetings of the city council shall be held at the call of the president or at the call of any 3 or 133 more members, for any purpose. Except in an emergency as declared by the city council president, notice 134 of the meeting shall be delivered to each member at least 2 business days in advance of the time set and 135 shall specify the date, time, location, and purpose for which the meeting is to be held. A copy of each 136 notice shall immediately be posted. 137 (iii3) all sessions of the city council and every city council committee or subcommittee shall, at all times, 138 be open to the public, unless otherwise specified by law; and 139 (iv4) a full, accurate, up-to-date account of the proceedings of the city council shall be maintained by the 140 city clerk, which shall include a record of each vote taken and be made available with reasonable 141 promptness following each meeting. Executive session minutes shall be made available as soon as 142 publication of the minutes would not defeat the purpose of the executive session, unless otherwise 143 provided by law. 144 SECTION 2-6: ELECTION, TERM, AND POWERS OF CITY COUNCIL PRESIDENT AND VICE- 145 PRESIDENT 146 (a) Election and Term - As soon as practicable after the councilors-elect have been qualified following 147 each regular city election, as provided in section 7-4, the city council shall elect from among its members 148 a president and vice-president who shall serve for 1-year terms. The member of the council with the most 149 years of service shall preside at such the election. If two or more members have the same term of service, 150 the councilor with the last name that is first in alphabetical order from among such the councilors shall 151 preside. The conduct of all elections of the city council president and vice president shall otherwise be 152 prescribed within the rules of the city council. 153 (b) Powers and Duties - The president shall have the following powers and duties: 154

10 FINAL DRAFT 7/14 (i1) prepare the agenda for city council meetings; 155 (ii2) preside at all meetings of the city council, regulate its proceedings, and decide all questions of order, 156 but provided, however, that the vice-president shall preside in the absence of the president; 157 (iii3) appoint all members of committees of the city council, whether special or standing; 158 (iv4) have the same powers to vote upon measures coming before the city council as any other member of 159 the city council; and 160 (v5) perform any other duties consistent with the office that are established by this charter, ordinance or 161 other vote of the city council. 162 SECTION 2-7: APPOINTMENTS OF THE CITY COUNCIL 163 (a) Advisory Legal Counsel - Subject to appropriation, the city council may secure legal services, when 164 needed, to seek a secondary legal opinion. The city council shall make a reasonable request for such legal 165 services, and suchthat request shall not be unreasonably denied by the mayor. The city solicitor and any 166 advisory legal counsel shall consult to the extent practicable prior to the release of any secondary opinion. 167 The legal services provided to the council shall not include representation of the council or any councilor 168 in any litigation, or the issuance of formal legal opinions on behalf of the city. The city solicitor shall 169 remain the only authorized officer of the city in all legal matters involving the city’s government. The city 170 council may secure legal services, either by employment or on a contractual basis. Such legal services 171 shall be solely in the service of the council and may include research, analysis, and drafting assistance. 172 The mayor shall annually provide to the city council a sum of money sufficient to satisfy the estimated 173 cost of legal services as presented to the mayor, in writing, by the city council. The legal services 174 provided to the council shall not include representation of the council or any councilor in any court matter 175 or related litigation, or the issuance of formal legal opinions on behalf of the city. The city solicitor shall 176 remain the only authorized officer of the city in all legal matters involving the city’s government. 177 (b) Other Staff - Subject to appropriation, the city council may employ staff as it deems necessary. 178 Commented [KW2]: Approved - Special Committee on Charter Review 4/12; City Council 4/13

11 FINAL DRAFT 7/14 (c) Removals and Suspensions of City Council Staff – City council appointments may be removed at the 179 sole discretion of the city council subject to limitations and requirements imposed by federal and state 180 laws, rules and/or regulations. 181 SECTION 2-8: CITY COUNCIL CONFIRMATION OF CERTAIN APPOINTMENTS 182 (a) Department Heads - The mayor shall refer to the city council for confirmation and simultaneously file 183 with the city clerk the name of each person the mayor desires to appointhas appointed as a department 184 head. The city councilThese appointments shall have become confirmed 30 days from the date of the first 185 regularly scheduled city council meeting after the date on which notice of the proposed appointment was 186 filed with the city clerk to vote to approve, unless the city council within said 30 days shall reject the 187 appointment with approval by the vote of 8 members. not to be unreasonably withheld. An approved 188 appointment shall be effective immediately. However, if no city council meeting is held within the 189 subsequent 30 days of the first meeting, the city council shall instead have 30 days from the second 190 regularly scheduled meeting after the appointment to reject the appointment. The city council shall no 191 unreasonably reject an appointment and shall accompany a rejection of the appointment with a written 192 statement describing the reason, which shall be delivered to and placed on file with the city clerk within 193 30 days of filing. If the city council does not take up the appointment within 30 days, the appointment 194 shall be deemed approved. The question on rejection of any appointment made by the mayor shall not be 195 subject to the procedure of charter objection provided in section 2-9(b) of this charter. 196 (b) Multiple Member Bodies - The mayor shall refer to the city council and simultaneously file with the 197 city clerk the name of each person the mayor desires to appoint as a member of a multiple member body. 198 The city council shall have 45 days after the date on which notice of the proposed appointment was filed 199 with the city clerk to vote to approve or reject the appointment, with approval not to be unreasonably 200 withheld. If the city council does not approve or reject the appointment within 45 days, it may file a 15- 201 day extension with the city clerk. If the time period elapses and no extension has been filed, the 202 appointment shall be deemed approved. Multiple member body members may be removed at the 203

12 FINAL DRAFT 7/14 discretion of their appointing authority subject to limitations and requirements imposed by federal and 204 state laws, rules, and/or regulations. 205 (1) In the event of a vacancy on a multiple member body where the seat has remained vacant in 206 excess of one1 year and the mayor has not referred to the city council any proposed appointees to fill the 207 vacancy, the city council president may present to the mayor the names of no more than three3 208 individuals as recommendations for appointment. The procedure for selecting names for presentation to 209 the mayor shall be established within the rules of the city council. 210 (2) The mayor shall twice annually, in February and August, post a complete list of the vacancies within 211 all multiple member bodies, as well as the procedures for individuals to apply to become a member of 212 those bodies. 213 (c) Constables - The mayor shall refer to the city council and simultaneously file with the city clerk the 214 name of each person the mayor desires to appoint as a constable within the city. The city council shall not 215 unreasonably withhold confirmation of such appointments and shall accompany a rejection with a written 216 statement describing the reason, which shall be delivered to and placed on file with the city clerk within 217 30 days of filing. The question on confirmation of any appointment submitted by the mayor shall not be 218 subject to the procedure of charter objection provided in section 2-9 (b) of this charter. 219 SECTION 2-9: ORDINANCES AND OTHER MEASURES 220 (a) Measures - Every adopted measure shall become effective at the expiration of 10 days after adoption 221 or upon the signature of the mayor, whichever occurs first, unless the ordinance or this charter provides 222 otherwise. An ordinance shall not be amended or repealed except by another ordinance adopted in 223 accordance with this charter. 224 (b) Charter Objection - On the first occasion that the question on adoption of a measure is put to the city 225 council, a single member present may object to the taking of the vote, and postpone the vote until the next 226 meeting of the city council, whether regular or special. If two or more present members object, the vote 227 shall be postponed until the next regular meeting. This procedure shall not be used more than once for any 228 Commented [KW3]: Approved - Special Committee on Charter Review 4/26; City Council 4/27 Commented [KW4]: Approved - Special Committee on Charter Review 4/26; City Council 4/27

13 FINAL DRAFT 7/14 specific matter regardless of whether it has been amended. A charter objection shall have privilege over 229 all motions but provided, however, that it shall be raised prior to or at the call for a vote by the presiding 230 officer and all debate shall cease. 231

14 FINAL DRAFT 7/14 SECTION 2-10: ACCESS TO INFORMATION 232 (a) In General - The city council may make investigations into the affairs of the city and into the conduct 233 and performance of any city agency. Absent compelling circumstances or an emergency which shall be 234 declared on record and noted in the city council minutes, the city council shall give a minimum of 14 235 days’ notice to a person it may require to appear before it under this section. In circumstances involving 236 compelling circumstances or emergency, 7 days’ notice shall be allowed. The notice shall include specific 237 questions on which the city council seeks information and any person called to appear before the city 238 council under this section shall not be required to respond to any question not relevant or related to those 239 questions presented in advance and in writing. The mayor shall receive a copy of any notice issued under 240 this section at the same time as the person who is requested to appear before the council. Any notice 241 under this section shall not be issued without first being authorized by a majority vote of the city 242 councilMajority vote of the city council shall be required to issue notice under this section. 243 (b) Department Head - The city council may require, by majority vote, specific information from a 244 department head or their designee on any matter related to the municipal services, functions and powers 245 or duties which are within the scope of responsibility of that person. The department head or their 246 designee shall not be required to answer questions relating to any other matter outside the scope of the 247 matter noticed. 248 (c) Mayor - The city council may request, by majority vote, specific information from the mayor on any 249 municipal matter. The mayor or their designee shall appear before the city council and respond to the 250 questions. The mayor or their designee shall not be required to answer questions relating to any other 251 matter. The mayor may bring to this meeting any assistant, department head or other city officer or 252 employee that the mayor may consider necessary to assist in responding to the questions posed by the city 253 council. 254

15 FINAL DRAFT 7/14 SECTION 2-11: GROUP PETITIONS 255 The city council shall hold a public hearing and act with respect to every petition which is addressed to it 256 and which is signed by at least 100 municipal voters as certified by the Bboard of Eelection 257 Ccommissioners. The hearing shall be held by the city council or by a committee or subcommittee 258 thereof, and the city council shall act on the petition within 3 months of filing with the city clerk. 259 Hearings on two or more petitions filed under this section may be held at the same time and place. At 260 least 14 days before the hearing, the city clerk shall notify the ten petitioners whose names first appear on 261 each such petition, publish a general summary of the subject matter of the petition, and post notice of the 262 date and time of the public hearing. A hearing shall not be held upon any subject more than once in a 263 given 12-month period, as determined by the city council president. 264 SECTION 2-12: FILLING OF VACANCIES 265 (a) Councilor At-Llarge – Whenever a vacancy occurs in the office of councilor at-large the process for 266 filling of the vacancy shall be determined by the number of days remaining until the next municipal 267 election. In all occurrences of a vacancy, the city clerk shall notify the city council and the chairperson of 268 the board of election commissioners of the vacancy within 7 days. Within 7 days after notification, the 269 chairperson of the board of election commissioners or a designee shall certify, in writing, to the city clerk 270 that the defeated candidate for the office of councilor -at-large with the next highest number of votes at 271 the municipal election at which councilors -at-large were elected for the term in which the vacancy occurs 272 shall serve as councilor- at-large. If the person is eligible and willing to serve, the city clerk shall 273 administer the oath of office to the person within 15 days after certification and the person shall serve. If 274 the person who is eligible declines the office, is not eligible and willing to serve, or fails to take the oath 275 of office within the time period set forth in this section, then the person with the next highest number of 276 votes at the election who is eligible and willing to serve shall serve. 277 If a vacancy occurs: 278

16 FINAL DRAFT 7/14 (i1) mMore than 180 days until the next municipal election, the next highest candidate serves the 279 remainder of the unexpired term. If there is no defeated candidate eligible and willing to serve 280 who has taken the oath of office, there shall be a special election. 281 (ii2) Less than or equal to 180 days or less prior to any regular municipal election in the office of 282 councilor at-large, the next highest candidate serves until the next municipal election. If there is no 283 eligible and willing candidate from the most recent municipal election, then the seat remains vacant until 284 the next regular municipal election. The person elected shall fill the vacancy for the remainder of the 285 unexpired term and the term to which elected. The city clerk shall administer the oath of office to them at 286 the next meeting of the city council. 287 (b) Ward Councilor - If a vacancy occurs in the office of ward councilor more than 180 days prior to any 288 regular municipal election, the city council shall immediately order a special election to fill the vacancy 289 for the remainder of the unexpired term. If a vacancy occurs 180 days or less prior to any regular 290 municipal election, the seat shall remain vacant until the next regular municipal election for the office and 291 the person elected shall fill the vacancy for the remainder of the unexpired term and the term to which 292 elected. The city clerk shall administer the oath of office to the person at the next meeting of the city 293 council. 294

17 FINAL DRAFT 7/14 ARTICLE 3 295 EXECUTIVE BRANCH 296 SECTION 3-1: MAYOR: ROLE; TERM OF OFFICE; ELIGIBILITY 297 (a) Role – The chief executive officer of the city shall be a mayor, elected by the municipal voters of the 298 city at large. The role of mayor shall be a full-time position. 299 (b) Term of Office – The term of office for mayor shall be four years, beginning on the first business day 300 in January following the municipal election. 301 (c) Eligibility – Any statewide voter in Somerville, shall be eligible to hold the office of mayor. The 302 mayor shall devote full-time to the office and shall not hold any other elective public office. 303 SECTION 3-2: PROHIBITIONS 304 The mayor shall not hold another compensated city position or other elected public office. A former 305 mayor shall not hold a compensated appointed city office or city employment for 1 year after termination 306 of their service as the mayor. Any former mayor shall not receive compensation for contracted work 307 authorized during their tenure as the mayor, provided, however, that they may be compensated for limited 308 hours advising the incoming mayor. This subsection shall not prevent a city officer or other city employee 309 who has vacated a position to serve as the mayor from returning to the same office or other position of 310 city employment held when the position was vacated. This prohibition shall not apply to persons covered 311 by a leave of absence under section 37 of chapter 31 of the General Laws. 312 SECTION 3-3: COMPENSATION 313 The mayor shall receive compensation for their services as set by the city council by ordinance. An 314 ordinance increasing or reducing the compensation of the mayor shall not be effective unless: 315 (i1) it is adopted by aaffirmative 2/3 vote of 8 members of the full city council; 316 (ii2) it has beenis adopted on or beforeprior to the last 6 42nd months of the mayor’s term; and 317 (iii3) it provides that the compensation increase or reduction is to take effect upon the organization of the 318 city government following the next regular city election. 319

18 FINAL DRAFT 7/14 SECTION 3-4: EXECUTIVE POWERS 320 (a) Executive Powers - The executive powers of the city shall be vested solely in the mayor and may be 321 exercised by the mayor either personally or through the city agencies under the general supervision and 322 control of the office of the mayor. The mayor shall cause this charter, laws, ordinances and other orders of 323 the city government to be enforced and shall cause a record of all official acts of the executive branch of 324 the city government to be kept. The mayor shall supervise, direct, and be responsible for the efficient 325 administration of all city activities and functions placed under the control of the mayor by law or by this 326 charter. 327 (b) Supervision of City Agencies - The mayor shall exercise general supervision and direction over all 328 city agencies, unless otherwise provided by law or by this charter. Each city agency shall furnish to the 329 mayor, upon request, any information or materials the mayor may request and as the needs of the office of 330 mayor and the interest of the city may require. The mayor shall be responsible for the efficient and 331 effective coordination of the activities of all city agencies and may call together for consultation, 332 conference and discussion, at reasonable times, all persons serving the city. 333 (c) Multiple Member Bodies - The mayor shall be, by virtue of the office, an ex officio member of every 334 appointed multiple member body of the city. The mayor may, as an ex officio member, attend any 335 meeting of an appointed multiple member body of the city, including executive sessions, to participate in 336 the discussions of that body, but provided, however, that they shall not have the right to vote. 337 SECTION 3-5: APPOINTMENTS BY THE MAYOR 338 (a) Department Heads - The mayor shall appoint, subject to review by the city council under section 2- 339 8(a), all department heads for whom no other method of appointment or selection is provided by this 340 charter. Department heads serve at the discretion of the mayor subject to the limitations and requirements 341 imposed by federal and state laws, rules, and/or regulations. 342 (b) Multiple Member Bodies - The mayor shall appoint, subject to confirmation by the city council under 343 section 2-8(b), all members of multiple member bodies for whom no other method of appointment or 344

19 FINAL DRAFT 7/14 selection is provided by administrative order or General Laws. All members shall serve terms as defined 345 by administrative order or General Laws. 346 (c) City Employees - The method of appointment for all other city employees shall be prescribed by 347 administrative order. 348 SECTION 3-6: APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER 349 The mayor shall appoint a chief administrative officer to coordinate and direct the operations and 350 functions of municipal government. The chief administrative officer shall be appointed by the mayor, 351 subject to review by the city council under section 2-8(a). The appointee shall be chosen on the basis of 352 strong administrative and executive qualifications and shall have a combination of experience, training, 353 and/or education to perform the duties of the office. 354 SECTION 3-7: TEMPORARY APPOINTMENTS TO CITY OFFICES 355 Whenever a temporary or permanent vacancy occurs in a city office that is appointed under section 3- 356 5(a), the mayor may designate a person to perform the duties of the office on a temporary basis for up to 357 150 days until the position can be filled as provided by law or by this charter. Persons serving as 358 temporary officers under this section shall have only those powers that are indispensable and essential to 359 the performance of the duties of the office during the period of temporary appointment and no others. 360 (a) Filing of a Temporary Appointment - When the mayor designates a person under this section, the 361 mayor shall file a certificate with the city clerk in substantially the following form: 362 “I designate ([name of person)] to perform the duties of the office of (]office in which 363 vacancy exists)] on a temporary basis until the office can be filled by ([the regular 364 procedure for filling the vacancy or when the incumbent shall return)]. I certify that this 365 person is qualified to perform the duties which will be required and that I make this 366 designation solely in the interests of the City of Somerville.” 367

20 FINAL DRAFT 7/14 (b) Extension of Temporary Appointments - If an extension of a temporary appointment is necessary, the 368 mayor may seek additional extensions in 60-day increments, which shall be authorized by a majority vote 369 of the city council. If an extension is not approved, the position shall be deemed vacant. 370 SECTION 3-8: TEMPORARY APPOINTMENTS TO MULTIPLE MEMBER BODIES 371 Whenever a temporary or permanent vacancy occurs on a multiple member body that is appointed under 372 section 3-5(b), the mayor may designate a person to perform the duties of the office on a temporary basis 373 for up to 150 days until the position can be filled as provided by law or by this charter. If an extension of 374 a temporary appointment is necessary, the mayor may seek additional extensions in 60-day increments, 375 which shall be authorized by a majority vote of the city council. If an extension is not approved, the 376 position shall be deemed vacant, except on multiple member bodies where such the vacancy would 377 prevent a quorum. In such that instance, a temporary appointment shall be permitted to remain until a 378 successor is qualified, provided, however, that the authority of the temporary appointment shall be limited 379 to matters where failure to act by the multiple member body may have adverse consequences to the City. 380 SECTION 3-9: APPROVAL OF MAYOR, VETO 381 Every order, ordinance, resolution, or vote adopted or passed by the city council, except any matters 382 relating to the internal affairs of the city council, shall be presented to the mayor for approval within 3 383 days of such adoption or passage. If the mayor approves the measure, the mayor shall sign it.; iIf the 384 mayor disapproves the measure, the mayor shall return the measure it to the city council with the specific 385 reason for such disapproval attached to the measure in writing to the city council. The city council shall 386 enter the objections of the mayor on its records, and reconsider the same measure after 14 days but before 387 30 days from the date of its return to the city council. If the city council, regardless of the disapproval by 388 the mayor, shall again pass the identical measure by affirmative a 2/3 vote of 8 members of the full city 389 council, it shall then be deemed in force. If the mayor has neither signed a measure nor returned it to the 390 city council within 10 days following the date it was presented to the mayor, the measure shall be deemed 391 approved and in force. 392

21 FINAL DRAFT 7/14 SECTION 3-10: COMMUNICATIONS; SPECIAL MEETINGS 393 (a) Communications to the City Council - The mayor shall, by written communication: (i1) recommend to 394 the city council for its consideration measures as the needs of the city require; and (ii2) keep the city 395 council fully informed of the financial and administrative condition of the city and shall specifically 396 indicate any fiscal, financial, or administrative issues facing the city. 397 (b) Special Meetings of the City Council - The mayor may call a special meeting of the city council for 398 any purpose. Unless the mayor designates an emergency, notice of the meeting shall be delivered at least 399 2 business days in advance of the time set and shall specify the date, time and location of the meeting and 400 the purpose for which the meeting is to be held. A copy of the notice shall be posted immediately. 401 SECTION 3-11: TEMPORARY ABSENCE OF THE MAYOR 402 (a) Acting Mayor – Whenever the mayor is unable to perform the duties of the office, the president of the 403 city council shall be the acting mayor. In the event that the city council president is unable to serve as 404 acting mayor under this section, the city council shall elect a councilor to serve as acting mayor from 405 among its membership. The city council, by the affirmative vote of eight 8 members, shall determine 406 whether the mayor is unable to perform the duties of the office. Notwithstanding any general or special 407 law to the contrary, the vote shall be taken in public session by a roll call vote. 408 (b) Powers of Acting Mayor – The acting mayor shall have only those powers of the mayor as that are 409 indispensable and essential to conduct the business of the city and on which action may not be delayed. 410 The acting mayor shall have no authority to make a permanent appointment or removal from city service 411 unless the absence of the mayor shall extend beyond 60 days, nor shall the acting mayor approve or 412 disapprove of any measure adopted by the city council unless the time within which the mayor must act 413 would expire before the return of the mayor. The city council president or another councilor serving as 414 acting mayor shall not vote as a member of the city council. 415

22 FINAL DRAFT 7/14 SECTION 3-12: DELEGATION OF AUTHORITY BY MAYOR 416 The mayor may authorize and subsequently remove authorization from a subordinate officer or employee 417 of the city to exercise or perform a power, function, or duty of the office of the mayor, provided, however, 418 that all acts performed under any such delegation of authority during the period of authorization shall be 419 and remain the acts of the mayor. Nothing in this section shall be construed to authorize the mayor to 420 delegate the powers and duties of a school committee member, the power of appointment to city office or 421 employment, or to sign or return measures approved by the city council unless the provisions of Ssection 422 3-11 apply. 423 SECTION 3-13: FILLING OF PERMANENT VACANCY 424 Whenever a permanent vacancy occurs in the office of mayor by death, removal, resignation, or any other 425 reason, the process for filling of the vacancy shall be determined by the month of the mayoral term in 426 which the vacancy occurs. Following an election to fill a mayoral vacancy, the winning candidate shall 427 start immediately and serve the remaining unexpired term. 428 (a) If a vacancy occurs within the four months preceding a regular city election the position shall be filled 429 by vote at that election. Otherwise, the city council shall call a special election to be held within 90 days 430 following the date of the vacancy.Whenever a vacancy occurs during: 431 (i) Months 1 through 17: The city council shall call a special election to be held within 90 432 days following the date of the vacancy. 433 (ii) Months 18 through 21: A special election need not be held and the position shall be filled 434 by vote at the upcoming regular city election. 435 (iii) Months 22 through 41: The city council shall call a special election to be held within 90 436 days following the date of the vacancy. 437 (iv)(i) Months 42 through 46: A special election need not be held and the position shall be filled 438 by vote at the upcoming regular city election. 439

23 FINAL DRAFT 7/14 (b) The city council president shall serve as theAn acting mayor shall serve, pursuant to section 3-11, 440 in all cases until the vacancy is filled. In the event that the city council president is unable to serve 441 as the acting mayor under this section, the city council shall elect a councilor to serve as the 442 acting mayor from among its membership. If the councilor serving as the acting mayor under this 443 section chooses to run for mayor, they shall not be entitled to have the words “candidate for 444 reelection” printed with that person’stheir name on the subsequent election ballot. Any person 445 serving as theThe acting mayor serving under this section shall receive the compensation then in 446 effect for the position of mayor and shall not vote as a member of the city council. 447

24 FINAL DRAFT 7/14 ARTICLE 4 448 SCHOOL COMMITTEE 449 SECTION 4-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 450 (a) Composition – There shall be a school committee consisting of nine 9 members. Seven members shall 451 be nominated and elected by the municipal voters of the city, one 1 member elected from each ward. The 452 mayor and the president of the city council shall serve, ex officio, with the same powers and duties as 453 other school committee members, but provided, however, that neither shall serve as chair. 454 (b) Term of Office – The term for the school committee shall be two 2 years, beginning on the first 455 business day in January following the municipal election. 456 (c) Eligibility – Any statewide voter school committee member shall be a statewide voter in the ward 457 from which election is sought shall be eligible to hold the office of school committee member. If a school 458 committee member removes from the city during the committee member’s term, that office shall 459 immediately be deemed vacant and filled in the manner provided in section 4-6. If a school committee 460 member removes to another ward in the city, the member may continue to serve for the balance of the 461 current term term to which elected. 462 SECTION 4-2: PROHIBITIONS 463 A member of the elected school committee elected by ward shall not hold any other compensated city 464 position. A former member of the elected school committee elected by ward shall not hold any 465 compensated appointed city office or city employment for 1 year after termination of their service on the 466 school committee. This section shall not prevent a city officer or other city employee who has vacated a 467 position in order to serve as an elected member of the school committee elected by ward from returning to 468 the same office or other position of city employment held at the time the position was vacated. 469

25 FINAL DRAFT 7/14 SECTION 4-3: COMPENSATION 470 Members of the school committee shall receive compensation for their services as set by ordinance by the 471 city council. An ordinance increasing or reducing the compensation of the members of the school 472 committee shall not be effective unless: 473 (i1) it is adopted by affirmative vote of 8 members of thea 2/3 vote of the full city council; 474 (ii2) it is adopted during the first 18prior to the last 6 months of the school committee’s term; and 475 (iii3) it provides that the compensation increase or reduction is to take effect upon the organization of the 476 city government following the next regular city election. 477 SECTION 4-4: SCHOOL COMMITTEE RULES AND PROCEDURES 478 School committee officers and procedures shall be determined by the school committee. 479 SECTION 4-5: SCHOOL COMMITTEE POWERS AND DUTIES 480 The school committee shall have all powers which are conferred on school committees by the General 481 Laws and the additional powers and duties provided by this charter, including but not limited to: 482 (i1) selecting and removing a superintendent of the schools who shall be charged with the administration 483 of the school system, and all other personnel as provided by the General Laws; 484 (ii2) making all policies for the management of the public school system and for conducting the business 485 of the school committee as deemed necessary or desirable; 486 (iii3) adopting and overseeing the administration of an annual operating budget for the school department, 487 subject to appropriation by the city council; 488 (iv4) providing ordinary maintenance of all school buildings and grounds, unless a central municipal 489 maintenance department, which may include maintenance of school buildings and grounds, is established; 490 and 491 (v5) provided further at least one member of the school committee, or a designee of the school committee, 492 shall serve on the agency, board, or committee for the planning or construction of a new, remodeled, or 493 renovated school building. 494

26 FINAL DRAFT 7/14 SECTION 4-6: FILLING OF VACANCIES 495 If a vacancy on the school committee occurs with 1 year or more remaining in the term, the city council 496 shall order a special election to fill the vacancy. If a vacancy on the school committee occurs with less 497 than 1 year before the end of the term but more than 120 days before any regular municipal election, the 498 school committee shall appoint a replacement to serve for the remainder of the term from the qualified 499 statewide voters of the ward. The school committee shall publicly post a public notice of the vacancy and 500 solicitation of nominations, and appoint the replacement in accordance with school committee policy. If a 501 vacancy occurs within 120 days of a regular municipal election, the vacancy shall be filled by the regular 502 election and the newly elected school committee member’s term shall begin on the first day following the 503 certification of election results. The person elected shall be sworn to office to fill the vacancy for the 504 remainder balance of the unexpired term and as well as the term to which elected. The city clerk shall 505 administer the oath of office to them on or before the next meeting of the school committee. 506

27 FINAL DRAFT 7/14 ARTICLE 5 507 ADMINISTRATIVE ORGANIZATION 508 SECTION 5-1: ORGANIZATION OF CITY AGENCIES 509 The organization of the city into agencies to provide services and administer the government may be 510 accomplished only through an administrative order submitted to the city council by the mayor. An 511 administrative order may not originate with the city council. The mayor may, subject only to express 512 prohibitions of General Laws or this charter, propose administrative orders to establish a new agency, 513 reorganize, consolidate or abolish any agency, in whole or in part, as is deemed necessary for the orderly, 514 efficient, or convenient conduct of the business of the cityto conduct the business of the city in an orderly, 515 efficient or convenient manner. The mayor may also propose administrative orders to establish terms of 516 office and prescribe the functions and administrative procedures to be followed by all such agencies. 517 These proposed administrative orders shall be accompanied by a message from the mayor which explains 518 the expected benefits and advises the city council if an administrative order shall require amendments, 519 insertions, revisions, repeal, or otherwise of existing ordinances. Whenever the mayor proposes an 520 administrative order, the city council shall hold one or more public hearings on the proposal and post 521 notice. An organization or reorganization plan shall become effective at the expiration of 60 days from 522 filing, unless the city council has voted to disapprove the plan prior to that date. The city council may 523 vote only to approve or to disapprove the plan and may not vote to amend or to alter it. 524 SECTION 5-2: QUALIFICATIONS FOR APPOINTMENTS AND PROMOTIONS 525 All appointments and promotions of city officers and other city employees shall be made on the basis of 526 fitness demonstrated by examination, past performance, or by other evidence of competence and 527 suitability. Each person appointed to fill an office or position shall be a person who has the experience, 528 training, and/or education to perform the duties of the office or position. 529

28 FINAL DRAFT 7/14 SECTION 5-3: COMPENSATION OF CITY EMPLOYEES 530 The mayor and city council shall provide for a review to be made of all municipal employee 531 compensation at 5-year intervals to ensure compensation is distributed equitably across all municipal 532 employees and, to the greatest extent possible, compensation is sufficient to live in the city. This review 533 shall be made by a special committee to be established by ordinance, and the initial review shall be 534 implemented as provided in Ssection 9-7(b). The special committee shall receive a budget sufficient to 535 hire qualified consultants and/or any other resources necessary to undertake a thorough review. The 536 special committee shall file its report with the city clerk on a date specified by ordinance. This report shall 537 include an analysis of the current pay and compensation structure with recommendations for adjustments 538 to that structure, taking into consideration the city’s current and expected financial situation and the 539 impact of the recommendations on the budget. The review of compensation shall be under the supervision 540 of the chief administrative officer. 541

29 FINAL DRAFT 7/14 ARTICLE 6 542 FINANCIAL PROCEDURES 543 SECTION 6-1: FISCAL YEAR 544 The fiscal year of the city shall begin on July 1 and end on June 30, unless another period is required by 545 the General Laws. 546 SECTION 6-2: COMMUNITY AND COUNCIL BUDGET INPUT 547 The city council shall hold a Ccommunity Bbudget Hhearing on or before February 15th of each year in 548 order to solicit public input regarding budget priorities. The city council shall post notice of the 549 Ccommunity Bbudget Hhearing 14 days in advance of the hearing. After the Ccommunity Bbudget 550 Hhearing but at least 10 days before the Aannual Bbudget Mmeeting, the mayor shall solicit budget 551 priorities from all city councilors. 552 SECTION 6-3: ANNUAL BUDGET MEETING 553 On or before April 1st of each year, the mayor shall call a joint meeting of the city council and school 554 committee, including the superintendent of schools, to review the financial condition of the city, revenue 555 and expenditure forecasts for at least 3 years, and other relevant information prepared by the mayor in 556 order to develop a coordinated budget. 557 SECTION 6-4: SUBMISSION OF OPERATING BUDGET; BUDGET MESSAGE 558 On or about June 1st, the mayor shall submit to the city council a proposed operating budget for all city 559 agencies for the next fiscal year. The proposed operating budget shall include the school budget, as 560 adopted by the school committee, which shall be submitted to the mayor on or about May 15th. The 561 proposed operating budget shall be accompanied by a budget message and supporting documents. The 562 budget message shall explain the operating budget in fiscal terms and in terms of work programs for all 563 city agencies. It shall outline the proposed fiscal policies of the city for the next fiscal year, describe 564 important features of the proposed operating budget and include any major variations from the current 565

30 FINAL DRAFT 7/14 operating budget, fiscal policies, revenues and expenditures together with reasons for these changes. The 566 proposed operating budget shall provide a complete fiscal plan of all city funds and activities and shall be 567 in the form the mayor deems desirable,; provided, however, that the budget proposals relative to elected 568 officials shall identify the cost of compensation and the cost of benefits for those officials. The mayor and 569 the superintendent of schools shall coordinate the dates and times of the school committee's budget 570 process under the General Laws. 571 SECTION 6-5: ACTION ON THE OPERATING BUDGET 572 (a) Public Hearing - The city council shall post a notice of the proposed operating budget as submitted by 573 the mayor. The notice shall state: (i1) the times and places where copies of the entire proposed operating 574 budget are available for inspection by the public; and (ii2) the date, time, and place when a public hearing 575 on the proposed operating budget shall be held by the city council, at least 7 days after posting of the 576 notice. The city council shall not act on the budget until after the public hearing has occurred. 577 (b) Adoption of the Budget - The city council shall adopt the proposed operating budget, which may have 578 amendments, before the end of the fiscal year. In amending the proposed operating budget, the city 579 council may delete or decrease amounts except expenditures required by law;, provided, however, that 580 except on the recommendation of the mayor, the city council shall not increase any specific item or the 581 total of the proposed operating budget ,except on the recommendation of the mayor or unless otherwise 582 authorized by the General Laws. If the city council fails to act on an item in the proposed operating 583 budget prior to the beginning of the fiscal year, that amount shall, without any action by the city council, 584 become a part of the appropriations for the year and be available for the purposes specified. 585 (c) Availability of the Operating Budget – In addition to any other posting requirements under law, 586 immediately after the submission of the proposed budget to the city council, the mayor or their designee 587 shall post the entire budget document on the city website., Said proposed budget documentwhere it shall 588 remain posted during the city council review process contained in this article. After the enactment of the 589 budget, the mayor or their designee shall post the final budget shall be posted on the city website and 590

31 FINAL DRAFT 7/14 where it shall remain there throughout the fiscal year for which it is in effect. The final budget shall 591 reflect any amendments made by the city council and approved by the mayor and shall indicate that it is 592 the final budget. 593 SECTION 6-6: CAPITAL IMPROVEMENT PROGRAM 594 (a) Submission - The mayor shall submit a capital improvement program to the city council on or about 595 October 15 of each year. The mayor shall annually revise This the information shall be annually revised 596 by the mayor regarding the capital improvements still pending or in the process of being acquired, 597 improved, or constructed. 598 The capital improvement program shall include: 599 (i1) a general summary of its contents; 600 (ii2) a list of all capital improvements proposed to be undertaken during the next 5 years, with supporting 601 information as to the need for each capital improvement; 602 (iii3) cost estimates, methods of financing, and recommended time schedules for each improvement; and 603 (iv4) the estimated annual cost of operating and maintaining each facility and piece of major equipment 604 involved. 605 (b) Public Hearing - The city council shall post a notice stating: (i1) the times and places where entire 606 copies of the capital improvements program are available for the public; and, (ii2) the date, time, and 607 place of a public hearing on the plan to be held by the city council at least 14 days after posting of the 608 notice. 609 (c) Adoption – Following the public hearing, but not later than December 1, the city council shall by 610 resolution adopt the capital improvements program. The adopted program may be amended, provided that 611 each amendment shall be voted on separately, and that an increase in the capital improvements program 612 as submitted shall clearly identify the method of financing to accomplish the proposed increase. 613

32 FINAL DRAFT 7/14 SECTION 6-7: INDEPENDENT AUDIT 614 The city council shall annually provide for an outside audit of the books and accounts of the city to be 615 conducted by a certified public accountant or a firm of certified public accountants, which has no personal 616 interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The mayor shall annually 617 provide to the city council a sum of money sufficient to satisfy the estimated cost of conducting the audit 618 as presented to the mayor, in writing, by the city council. The award of a contract to audit shall be made 619 by the city council on or before September 15 of each year. The report of the audit shall be filed with the 620 city council not later than March 1 in the year following its award. At least every 5 years, the city council 621 shall conduct a competitive procurement process to retain these auditing services. 622 SECTION 6-8: EXPENDITURES IN EXCESS OF APPROPRIATIONS 623 Except as otherwise provided by law, an official of the City of Somervillecity shall not knowingly or 624 intentionally expend in a fiscal year sums in excess of the appropriations, awards, grants or gifts duly 625 made in accordance with law or involve the city in any contract for the future payment of money in 626 excess of these appropriations, awards, grants or gifts. It is the intention of this section that section 31 of 627 chapter 44 of the General Laws shall be strictly enforced. Any official who violates this section shall be 628 personally liable to the city for any amounts so expended to the extent that the city does not recover these 629 amounts from the person to whom the sums were paid. 630

33 FINAL DRAFT 7/14 ARTICLE 7 631 ELECTIONS 632 SECTION 7-1: ELIGIBILITY TO VOTE IN MUNICIPAL ELECTIONS 633 In addition to individuals eligible to vote according pursuant to the General Laws, in the City of 634 Somerville the following individuals may, upon application, have their names entered on a list of 635 municipal voters established by the Bboard of Eelection Ccommissioners for the City of Somervillecity 636 and may thereafter vote in any election for municipal offices and municipal ballot questions in accordance 637 with this charter. Such municipal voters shall remain eligible to vote in any election for municipal offices 638 and municipal ballot questions in the city for so long as they remain domiciled in the City of Somerville: 639 (i1) Any non-citizen residing in the City of Somervillecity, who is ineligible to vote due to citizenship 640 status under federal or state law, rule, or regulation, but who is otherwise eligible to vote; and 641 (ii2) Any 16- and 17- year old residing in the City of Somervillecity, who is ineligible to vote due to age 642 under federal or state law, rule, or regulation, but who is otherwise eligible to vote. 643 These municipal voters shall remain eligible to vote in any election for municipal offices and municipal 644 ballot questions in the city for so long as they remain domiciled therein. 645 SECTION 7-2: PRELIMINARY ELECTIONS 646 A preliminary election to nominate candidates for mayor, councilors- at-large, ward city councilors, and 647 school committee members shall be held on the third Tuesday in September in each odd-numbered year in 648 which the candidates are to be elected. The city clerk may, with the approval of the city council, 649 reschedule the preliminary election to the fourth Tuesday in September to avoid a conflict with any civil 650 or religious holiday. Whenever a special election to fill a vacancy is to be held, a preliminary election 651 shall be conducted, if necessary, 28 days before the date established for the special election. A 652 preliminary election to fill a vacancy for in the office of ward councilor or school committee member 653 shall be held only in the ward where there is a vacancy. 654

34 FINAL DRAFT 7/14 SECTION 7-3: PRELIMINARY ELECTION PROCEDURES 655 (a) Signature Requirements - The number of signatures of municipal voters required to place the name of 656 a candidate on the official ballot to be used at a preliminary election shall be as follows: 657 (i1) Mayor - at least 250 certified signatures; 658 (ii2) At-Large City Councilor - at least 100 certified signatures; 659 (iii3) Ward City Councilor - at least 50 certified signatures, all of which shall be certified as being from 660 the ward from which election is sought; and 661 (iv4) School Committee Member – at least 50 certified signatures, all of which shall be certified as being 662 from the ward from which election is sought. 663 (b) Forms - Signatures of municipal voters shall be made on a form prescribed by the Bboard of 664 Eelection Ccommissioners and shall be made available not earlier than April 2 in each city election year. 665 The forms shall be submitted to the Bboard of Eelection Ccommissioners for certification of the names on 666 or before the 14th fourteenth day preceding the date fixed for submission to the city clerk. The forms shall 667 be submitted to the city clerk on or before 5 o’clock in the afternoon5:00 p.m. on the 45th forty-fifth day 668 prior to the declared date of the preliminary election. An individual may appear on the ballot for only one 669 1 office at any preliminary, regular or special city election. 670 (c) Ballot Position - The order in which names of candidates for each office appear on the ballot shall be 671 determined by a drawing conducted by the city clerk at least 40 days before the preliminary election. The 672 drawing shall be open to the public. 673 (d) Determination of Candidates - (i1) Offices of Mayor, Ward Councilor, and School Committee - the 674 two candidates who receive the highest number of votes for nomination to each office at the preliminary 675 election shall, except as provided by section paragraph 7-3(d)(iii3), be the candidates for that office. The 676 candidates’ names shall be printed on the official ballot to be used at the regular or special city election at 677 which the office is to be voted upon and an acceptance of a nomination shall not be necessary to its 678 validity. 679

35 FINAL DRAFT 7/14 (ii2) Offices of City Councilor At-Llarge - the eight 8 people who receive the highest number of votes for 680 nomination to the office shall, except as provided by section 7-3(e), be the candidates for the office. The 681 candidates’ names shall be printed on the official ballot to be used at the regular or special city election at 682 which the office is to be voted upon and an acceptance of a nomination shall not be necessary to its 683 validity. 684 (iii3) Tied Preliminary - If there is a tie among candidates for the last available ballot position for any 685 given elected office, then all tied candidates receiving the same number of votes for the office shall be 686 printed on the general election ballot, notwithstanding any other provisions in this charter specifying the 687 number of candidates to be printed on the election ballot. 688 (e) Condition Making Preliminary Unnecessary - If the time for filing statements of candidates to be on 689 the ballot for any preliminary election has expired, and the number of statements filed to with the city 690 clerk for an office is not more than two 2 for the office of mayor, any ward councilor or school committee 691 member, or eight 8 for any city councilor at -large, the candidates whose statements have been filed shall 692 be deemed nominated to that office. Those candidates shall be voted on for such the office at the regular 693 or special city election. The city clerk shall not print those names on the ballot to be used at the 694 preliminary election and another nomination to the office shall not be made, and a preliminary election 695 shall not be held for such the office or offices. 696 SECTION 7-4: REGULAR CITY ELECTION 697 The regular city election shall be held on the first Tuesday following the first Monday in November in 698 each odd-numbered year. 699 SECTION 7-5: BALLOT POSITION, REGULAR CITY ELECTION 700 The order in which names of candidates for each office appear on the ballot shall be determined by a 701 drawing conducted by the city clerk not later than 7 days after the certification of the preliminary election 702 results. If there is no preliminary election in advance of the regular city election or a special election, the 703

36 FINAL DRAFT 7/14 drawing shall be conducted on the sixth Tuesday 6 weeks prior to the election. The drawing shall be open 704 to the public. 705 SECTION 7-6: NON-PARTISAN ELECTIONS 706 All elections for city offices shall be non-partisan and election ballots shall be printed without any party 707 mark, emblem or other political designation. 708 SECTION 7-7: WARDS 709 The territory of the city shall be divided into seven 7 wards by the city clerk to consist of as nearly an 710 equal number of inhabitants as it is possible to achieve, based on compact and contiguous territory, 711 bounded as far as possible by the center line of known streets or ways or by other well-defined limits. 712 Each ward shall be composed of voting precincts established under the General Laws. The city council 713 shall review these wards to ensure uniformity in the number of inhabitants at least once every 10 years. 714 SECTION 7-8: APPLICATION OF STATE GENERAL LAWS 715 Except as otherwise expressly provided in this charter and authorized by law, all city elections shall be 716 governed by the General Laws relating to the right to vote, the registration of voters, the nomination of 717 candidates, voting places, the conduct of preliminary, regular and special city elections, the submission of 718 charters, charter amendments and other propositions to the voters, the counting of votes, the recounting of 719 votes, and the determination of results. 720

37 FINAL DRAFT 7/14 ARTICLE 8 721 GENERAL PROVISIONS 722 SECTION 8-1: CHARTER CHANGES 723 This charter may be replaced, revised or amended in accordance with the state constitution or the General 724 Laws. 725 SECTION 8-2: SPECIFIC PROVISION TO PREVAIL 726 To the extent that a specific provision of this charter conflicts with any provision expressed in general 727 terms, the specific provision of this charter shall prevail. 728 SECTION 8-3: RULES AND REGULATIONS 729 A copy of all rules and regulations adopted by a city agency shall be posted to the city website. Unless an 730 emergency exists, as determined by the mayor, a rule or regulation adopted by a city agency shall not 731 become effective until at least 5 days following the date it is posted. This section shall not apply to 732 internal operating protocols and policies enacted by city departments. 733 SECTION 8-4: PERIODIC REVIEW OF CHARTER 734 The mayor and city council shall provide for a review to be made of the city charter at least once every 10 735 years to prepare recommendations for proposed revision. The manner of the review shall be established 736 by ordinance and incorporate community input. The recommendations shall be filed with the city clerk at 737 on a date specified by ordinance. 738 SECTION 8-5: PERIODIC REVIEW OF ORDINANCES 739 The mayor and city council shall provide for a review to be made of some or all of the city ordinances at 740 least once every 10 years to prepare recommendations for proposed revision or recodification. The 741 manner of the review shall be established by ordinance. The review of city ordinances shall be under the 742 supervision of the city solicitor and incorporate community input. The recommendations shall be filed 743 with the city clerk at on a date specified by ordinance. 744

38 FINAL DRAFT 7/14 SECTION 8-6: PERIODIC REVIEW OF MULTIPLE MEMBER BODIES 745 At least once every 10 years tThe mayor and the city council shall provide for a review to be made of all 746 multiple member bodies at least once every 10 years. This review shall be made by a special committee to 747 be determined by ordinance, and the initial review shall be implemented as provided in Ssection 9-7(d). 748 All members of the committee shall be municipal voters of the city. The special committee shall file its 749 report with the city clerk aton a date specified by ordinance. The committee’s report should include an 750 assessment of the function and relevance of all multiple member bodies, and recommendations to 751 combine, remove, or add new multiple member bodies to address redundancies or new concerns of the 752 city. Recommendations shall not conflict with multiple member bodies required by the General Laws. 753 SECTION 8-7: UNIFORM PROCEDURES GOVERNING MULTIPLE MEMBER BODIES 754 Open Mmeeting Llaw and procedures in the General Laws shall apply to the proceedings of multiple 755 member bodies, including the following: 756 (a1) Officers – All appointed multiple member bodies shall elect a chair, a vice-chair and a clerk and any 757 other officer it deems necessary. 758 (b2) Meetings - All appointed multiple member bodies of the city shall meet regularly at the times and 759 places that the multiple member body, by the body’s own rules, prescribe. Special meetings of any 760 multiple member body shall be held at the call of the chair or by a majority of the members of the body. 761 Notice of the meeting shall be posted as required by law. Except as may otherwise be authorized by law, 762 all meetings of all multiple member bodies shall, at all times, be open to the public. 763 (c3) Meeting Documents and Submissions - Each appointed multiple member body shall determine its 764 own rules and order of business. Each multiple member body shall provide for the keeping of agendas, 765 minutes and related submissions of its proceedings. All such documents shall be a public record and 766 certified copies shall be placed on file in the office of the city clerk within a reasonable period from the 767 date of approval. 768

39 FINAL DRAFT 7/14 (d4) Voting - If requested by a member, a vote of an appointed multiple member body shall be taken by a 769 roll call vote and the vote of each member shall be recorded in the minutes, but provided, however, that if 770 the vote is unanimous, only that fact need be recorded. 771 (e5) Quorum - A majority of the members of an appointed multiple member body shall constitute a 772 quorum. Unless some other provision is made by the multiple member body's own rules while a quorum 773 is present, except on procedural matters, a majority of the full membership of the body shall be required 774 to vote on any matter representing an exercise of the powers of the multiple member body. General Laws 775 related to a vote to meet in executive session shall always require a majority of members of the body. 776 SECTION 8-8: REFERENCES TO GENERAL LAWS 777 All references to General Laws contained in this charter refer to the Massachusetts General Laws of the 778 Commonwealth and are intended to refer to and to include any amendments or revisions to such chapters 779 or sections or to the corresponding chapters and sections of any rearrangement, revision or recodification 780 of such statutes enacted or adopted subsequent to the adoption of this charter. 781 SECTION 8-9: COMPUTATION OF TIME 782 In computing time under this charter, the day of the act or event after which the designated time period 783 begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, 784 Sunday or legal holiday, in which event the period shall be extended to the next business day. 785 SECTION 8-10: OATHS OR AFFIRMATIONS 786 (a) Officials Elected in Regular Elections - On the first business day in January of each even-numbered 787 year, the city council members-elect, the school committee members-elect, and, in years immediately 788 following a mayoral election, the mayor-elect, shall meet and take an oath or affirmation to faithfully 789 discharge the duties of their office. The oath or affirmation shall be administered by the city clerk, the 790 assistant city clerk, a judge of a court of record or by a justice of the peace. Each official taking the oath 791 or affirmation shall also sign a written version, which shall be kept in a bound book maintained by the 792

40 FINAL DRAFT 7/14 city clerk. If the mayor-elect or any member-elect of the city council or school committee is absent on the 793 day the oath is administered, the oath or affirmation may be administered at any time after to that person 794 by the city clerk, the assistant city clerk, a judge of a court of record or by a justice of the peace. 795 Modifications to this section may be made by ordinance. 796 (b) Other Elected Officials and Appointed Positions - Except as otherwise provided by law, every person 797 who is elected or appointed to an office or as a member of a multiple member body shall take an oath or 798 affirmation before performing any act under this election or appointment. A record of this oath or 799 affirmation shall be kept by the city clerk. 800 (c) Certificate - Every person who is elected or appointed to an office or as a member of a multiple 801 member body shall receive a certificate of that election or appointment from the city clerk. 802 SECTION 8-11: LIMITATION ON OFFICE HOLDING 803 Unless otherwise allowed by law or this charter, a person shall not simultaneously hold more than 1 office 804 or position of employment with the city. This section may be waived by the mayor by filing a notice of 805 the waiver with an explanation and justification with the city clerk. 806 SECTION 8-12: FELONY CONVICTION 807 An elected official who has been convicted of a state or federal felony while holding office shall be 808 deemed to have vacated the office. 809 SECTION 8-13: ENFORCEMENT OF CHARTER PROVISIONS 810 It shall be the duty of the mayor to see that this charter is faithfully followed and complied with by all city 811 agencies and employees. Whenever it appears to the mayor that a city agency or employee is not 812 following this charter, the mayor shall, in writing, cause notice to be given to that agency or employee 813 directing compliance with this charter. Whenever it appears to the city council that the mayor is not 814 following this charter, the city council shall, by resolution, direct the attention of the mayor to those areas 815 in which it believes there is a failure to comply with this charter. The procedures made available in 816

41 FINAL DRAFT 7/14 chapter 231A of the General Laws may be used to determine the rights, duties, or other legal relations 817 arising under this charter, including any question of construction or validity which may be involved in 818 such that determination. 819

42 FINAL DRAFT 7/14 ARTICLE 9 820 TRANSITION PROVISIONS 821 SECTION 9-1: CONTINUATION OF EXISTING LAWS 822 All General Laws, special laws, city ordinances, city council votes, and rules and regulations of or 823 pertaining to Somerville the city that are in force when this charter takes effect, and not specifically or by 824 implication repealed by this charter, shall continue in full force and effect until amended or repealed, or 825 rescinded by due course of law, or until they expire by their own limitation. In any case in which the 826 provisions of this charter are found to be inconsistent with the provisions of any general or special law 827 that would otherwise be applicable, the provisions of this charter shall prevail. 828 SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION 829 All city agencies and city officials shall continue to perform their duties until reappointed, or until 830 successors to their respective positions are appointed, or until their duties have been transferred and 831 assumed by another city agency. 832 SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY 833 All records and property of any city agency, or part thereof, the powers and duties of which are assigned 834 in whole or in part to another city agency, shall be transferred forthwith to such that agency. 835 SECTION 9-4: CONTINUATION OF PERSONNEL 836 All city office holders and employees shall retain the office, position, or employment they hold, and shall 837 continue to perform the duties of such the office, position, or employment until their employment or 838 position is otherwise terminated or other provisions are made. A person in full-time service of the city 839 shall not forfeit accrued time in service of the city as a result of adoption of this charter. 840 SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC. 841 All official bonds, recognizances, obligations, contracts, and other instruments entered into or executed 842 by, with, or on the behalf of the city before the adoption of this charter, shall continue to be obligations of 843

43 FINAL DRAFT 7/14 the city; and all taxes, assessments, fines, penalties, and forfeitures, incurred or imposed, due or owing to 844 the city, shall be enforced and collected; and all writs, prosecutions, actions, and causes of action, except 845 as herein otherwise provided, shall continue without abatement and remain unaffected by this charter; and 846 any legal act done by or in favor of the city shall not be rendered invalid by reason of the adoption of this 847 charter. 848 SECTION 9-6: DISPOSITION OF CERTAIN SPECIAL ACTS 849 (a) Certain Special Acts Recognized and Retained - The following special acts are hereby especially 850 recognized and retained: [TO BE ADDED BY THE CITY COUNCIL] 851 SECTION 9-7: TIME OF TAKING EFFECT 852 [TO BE ADDED BY THE CITY COUNCIL] 853 (a) CREATION OF PUBLIC FINANCING OF CAMPAIGNS COMMITTEE 854 Within 6 months of the adoption of this charter, the city council shall create a Ppublic Ffinancing of 855 Ccampaigns Ccommittee to study public financing mechanisms and prepare recommendations with the 856 goal of making running for office in Somerville the city more accessible to potential candidates. The 857 directive of this study committee is to consider a full range of options as practicable, provide analysis on 858 the potential benefits and barriers of each option, and consider which are the best fit for Somervillethe 859 city. If the city council has already taken action consistent with this provision, no action is necessary. 860 The committee shall consist of seven 7 members: one 1 shall be the Chairman chair of the Bboard of 861 Eelections Ccommissioners or their designee, two 2 shall be community members appointed by the city 862 council, two 2 shall be community members appointed by the school committee, two 2 shall be 863 community members appointed by the mayor. The committee shall elect a chair and establish the 864 schedule of its meetings. 865 The committee shall issue recommendations to the city council within 12 months of creation. The city 866 council shall take action on the recommendations within 90 days of receipt. 867

44 FINAL DRAFT 7/14 (b) CREATION OF THE INITIAL FIRST EQUITABLE COMPENSATION DISTRIBUTION 868 COMMITTEE 869 The mayor and the city council shall convene the initial Eequitable Ccompensation Ddistribution 870 Ccommittee, pursuant to section 5-3, within sufficient time that the committee’s report can be delivered 871 by the date of the Annual Budget Meeting in the following calendar year. If the city council has already 872 taken action consistent with this provision, no action is necessary. 873 In addition to the subject matter required in section 5-3, the committee’s initial report shall include: (1a) 874 proposed solutions to address existing compensation disparities or related issues, including but not limited 875 to tying mechanisms (a set ratio to determine pay of elected officials, tying the highest possible pay of an 876 elected official to the lowest paid municipal employee),; (b2) a proposed implementation plan to establish 877 compensation distribution standards,; (c3) an analysis of the proposed cost and timeline to implement 878 such those standards; (d4) a comparative analysis of other approaches to this issue in similar 879 municipalities; and (f5) an analysis of the impacts on the Somerville community of the city. 880 The committee shall consist of at least eight members including: the mayor or their designee, the city 881 council Ppresident or their designee, one 1 member of the school committee or their designee, one 1 882 member of the Mmunicipal Ccompensation Aadvisory Bboard, one 1 member of the Ccharter Rreview 883 Ccommittee, one 1 community member appointed by the mayor, one 1 community member appointed by 884 the city council, and the Ccity Aauditor or their designee. In addition, any other representation deemed 885 necessary by the mayor and city council may be jointly appointed. The committee shall elect a Cchair and 886 establish the schedule of its meetings. 887 The committee shall be provided with an initial budget of at least $50,000 for its expenses, including 888 hiring of consultants as required to assist with the examination and analysis. 889 The committee shall submit a report to the city council and the city council shall respond to and vote on 890 the recommendations within 90 days of receipt. 891

45 FINAL DRAFT 7/14 (c) (c) CREATION OF RANKED CHOICE VOTING IMPLEMENTATION COMMITTEE 892 Within 6 months of the passing of this charter, the city council shall create a Rranked Cchoice Vvoting 893 Ccommittee to propose a measure to adopt ranked-choice voting and submit a report on ranked-choice 894 voting in Somervillethe city. A voting method shall be considered ranked- choice voting if the municipal 895 voter ranks candidates in order of preference. The Ccommittee’s report shall include: (1a) the elected 896 offices to be selected by this voting method,; (2b) a timeframe and strategy for implementation,; (3c) 897 infrastructure and equipment requirements,; (4d) a cost analysis,; (5e) a comparative analysis of other 898 voting methods,; (6f) an analysis of potential equity concerns,; and (7g) a community education plan. If 899 the city council has already taken action consistent with this provision, no action is necessary. 900 The goal of this committee is to implement ranked- choice voting in order to more accurately reflect the 901 will of the voters, increase the number and diversity of candidates, lower barriers to candidate 902 participation, and increase transparency of elections. 903 The committee shall consist of seven 7 members: one 1 shall be the Cchairman of the Bboard of 904 Eelections Ccommissioners or their designee, two 2 shall be community members appointed by the city 905 council, two 2 shall be community members appointed by the school committee, two 2 shall be 906 community members appointed by the mayor. The committee shall elect a Chair and establish the 907 schedule of its meetings. 908 The committee shall propose a measure to the city council within 18 months. The city council shall take 909 action on the measure within 90 days of receipt. 910 (d) (d) INITIAL PERIODIC REVIEW OF MULTIPLE MEMBER BODIES 911 The mayor and the city council shall convene the first Pperiodic Rreview of Mmultiple Mmember 912 Bbodies Ccommittee, pursuant to section 8-6, within 6 months of the passing of this charter. The 913 committee’s report should include: (1a) an assessment of the functions and relevancies of the city’s 914 current multiple member bodies,; (2b) a review of activities of multiple member bodies from recent 915 years,; (3c) the ability of The Citythe city to fill appointments to the body,; and (4d) recommendations for 916

46 FINAL DRAFT 7/14 combining, removing or adding new multiple member bodies. If the city council has already taken action 917 consistent with this provision, no action is necessary. 918 The committee shall consist of at least eight 8 members including: the mayor or their designee, the city 919 council Ppresident or their designee, one 1 member of the school committee, one 1 member of the 920 Mmunicipal compensation advisory board, one 1 member of the Ccharter Rreview Ccommittee, one 1 921 community member appointed by the mayor, one 1 community member appointed by the city council, 922 and the Ccity Aauditor. In addition, any other representation deemed necessary by the mayor and the city 923 council may be jointly appointed. 924 The committee shall elect a Cchair and establish the schedule of its meetings. The committee shall be 925 provided with an initial budget of at least $25,000 for its expenses, including hiring of consultants as 926 required to assist with the examination and analysis. 927 The committee shall submit a report to the city council and they shall respond to and vote on the 928 recommendations within 90 days of receipt. 929 (e) PARTICIPATORY BUDGETING STUDY COMMITTEE 930 Within 6 months of the adoption of this charter, the city council shall create a Pparticipatory Bbudgeting 931 Ccommittee to study participatory budgeting and related participatory mechanisms and prepare 932 recommendations with the goal of increasing resident participation in city government. The directive of 933 this study committee is to consider a full range of options as practicable, provide analysis on the potential 934 benefits and barriers of each option, review the results of previous participatory budgeting programs, and 935 consider which are the best fit for Somervillethe city. If the city council has already taken action 936 consistent with this provision, no action is necessary. 937 The committee shall consist of seven 7 members: one 1 shall be the Ddirector of Ffinance or their 938 designee, two 2 shall be community members appointed by the city council, two 2 shall be community 939 members appointed by the mayor, and two 2 shall be community members appointed by the school 940 committee. The committee shall elect a chair and establish the schedule of its meetings. 941

47 FINAL DRAFT 7/14 The committee shall issue recommendations to the city council within 12 months of creation. The city 942 council shall take action on the recommendations within 90 days of receipt. 943