05.24.23 CHARTER WHOLE Proposed Charter Text - Requested Language & Analyst Recommendations — File 22-1520

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 shall be vested in an 17 executive branch led by a mayor and a legislative branch consisting of a city council. The legislative 18 branch shall never exercise any executive power and the executive branch shall never exercise any 19 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 the city, 23 through the adoption of this charter, to secure for themselves and their government all of the powers it is 24 possible to secure as fully and as completely as though each power were specifically and individually 25 enumerated in this charter. 26 SECTION 1-5: CONSTRUCTION 27 The powers of the city under this charter are to be construed liberally in favor of the city and the specific 28 mention of any particular power is not intended to limit the general powers of the city as stated in section 29 1-4. To the extent that any provision of this charter shall conflict with any special act or law adopted by 30 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, the city may exercise any of its 33 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 terms shall have the following meanings as 38 used in this charter: 39 “Business day”, any day that is not a Saturday, Sunday, or legal holiday. For the purposes of this 40 definition, legal holiday shall mean Massachusetts legal holidays as published by the secretary of the 41 commonwealth. 42 “Charter”, this charter and any adopted amendments to it. 43 “The city”, the City of Somerville. 44 “City agency”, any multiple member body, department, division or office of the city. 45 “City officer” or “department head”, a person having charge of a city office or department. 46 “City website”, an online site established and maintained by the city as its repository of municipal 47 information. 48 “Emergency”, a sudden, generally unexpected occurrence or set of circumstances demanding immediate 49 action or response. 50 “Full city council”, the entire authorized membership of the city council, notwithstanding any vacancy 51 which might exist. 52 “Full multiple member body”, the entire authorized membership of a multiple member body, 53 notwithstanding any vacancy that exists. 54 “General Laws”, the Massachusetts General Laws, a codification and revision of statutes enacted on 55 December 22, 1920, and including all amendments subsequently adopted. 56 Commented [BS1]: Council request Commented [BS2]: Analyst recommendation Commented [BS3]: Analyst recommendation

5 FINAL DRAFT 7/14 “Majority vote”, when used in connection with a meeting of a multiple member body, shall mean a 57 majority of those the present and voting members of a body, unless another provision is made by 58 ordinanceotherwise provided for by law or by the body’s own rules. Provided, however, that General 59 Laws related to any vote to meet in executive session shall always require a majority of the full multiple 60 member body. 61 “Measure”, any ordinance, order, other vote or proceeding adopted, or proposed to be adopted, by the city 62 council or the school committee. 63 “Multiple member body”, any council, commission, committee, subcommittee or other body consisting of 64 2 or more persons, whether elected, appointed or otherwise constituted, but not including the city council 65 or its committees, the school committee or its subcommittees or an advisory committee or task force 66 established by the mayor or city council. 67 “Municipal voter”, anyone who is eligible to vote in a municipal election pursuant to this charter. 68 “Organization or reorganization plan”, a plan submitted by the mayor to the city council which proposes: 69 (i) a change in the organization or the administrative structure of the city administration or organization; 70 or (ii) a change in the way in which municipal services are delivered. 71 “Post”, make available publicly on the city website, at city hall, in a local newspaper and as otherwise 72 may be required by law. For the purposes of this definition, a local newspaper shall be a newspaper of 73 general circulation within the city, with either weekly or daily circulation. The city council president may, 74 from time to time, select a local newspaper for posting according to a procedure that shall be set forth in 75 the rules of the city council. 76 “Quorum”, a majority of all voting members of a multiple member body unless some other number is 77 required by law or by ordinance. 78 “Statewide voter”, anyone who is eligible to vote pursuant to state and federal law. 79 “Year”, a calendar year, unless otherwise specified. 80 Commented [BS4]: Analyst recommendation Commented [BS5]: Analyst recommendation

6 FINAL DRAFT 7/14 ARTICLE 2 81 LEGISLATIVE BRANCH 82 SECTION 2-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 83 (a) Composition - There shall be a city council consisting of 11 members which shall exercise the 84 legislative powers of the city. Four of these members, to be known as councilors at-large, shall be 85 nominated and elected by the municipal voters at large. Seven of these members, to be known as ward 86 councilors, shall be nominated from and elected by the municipal voters in each ward, with 1 ward 87 councilor to be elected from each of the 7 wards into which the city is divided under section 7-7. 88 (b) Term of Office - The term of office for councilors shall be 2 years each, beginning on the first 89 business day in January following the municipal election. 90 (c) Eligibility - Any statewide voter in the city shall be eligible to hold the office of councilor at-large. 91 Any statewide voter in the ward from which election is sought shall be eligible to hold the office of ward 92 councilor. If the city council determines that a ward councilor or a councilor at-large has removed from 93 the city during the councilor’s term, that office shall immediately be deemed vacant and filled in the 94 manner provided in section 2-12. A ward councilor who removes from the ward in which the councilor 95 was elected and who remains a municipal voter of the city may continue to serve the balance of the term 96 to which elected. 97 SECTION 2-2: PROHIBITIONS 98 (a) Holding Other City Position – Except as otherwise provided by this charter, a member of the city 99 council shall hold no other compensated city position. A former member of the city council shall not hold 100 any compensated appointed city position for 1 year after termination of their service on the city council, 101 unless approved by affirmative vote of 8 members of the city council. This section shall not prevent a city 102 employee who vacated a position to serve as a member of the city council from returning to the same 103 position upon the expiration of the term for which that person was elected. 104 Commented [BS6]: Council request

7 FINAL DRAFT 7/14 (b) Interference with Administration - The city council or any member of the city council shall not give 105 orders or directions to any employee of the city appointed by the mayor, either publicly or privately. 106 SECTION 2-3: COMPENSATION 107 The members of the city council shall receive compensation for their services as set by ordinance. An 108 ordinance increasing or reducing the compensation of the members of the city council shall not be 109 effective unless: 110 (1) it is adopted by affirmative vote of 8 members of the city council; 111 (2) it is adopted prior to the last 6 months of the council’s term; and 112 (3) it provides that the compensation increase or reduction is to take effect upon the organization of the 113 city government following the next regular city election. 114 SECTION 2-4: GENERAL POWERS 115 Except as otherwise provided by the General Laws or by this charter, all powers of the city shall be vested 116 in the city council which shall provide for the performance of all duties and obligations imposed upon the 117 city by law. 118 SECTION 2-5: EXERCISE OF POWERS; QUORUM; RULES 119 (a) Exercise of Powers - Except as otherwise provided by General Laws or by this charter, the legislative 120 powers of the city council may be exercised in a manner determined by the city council. 121 (b) Quorum - Once a quorum is present, majority vote shall be required to adopt any ordinance, except as 122 otherwise provided by General Laws or by this charter. 123 (c) Rules of Procedure - The city council shall adopt rules regulating the procedures of the city council, 124 which shall include, but not be limited to, the following rules: be subject to adoption, amendment or 125 repeal by vote of the city council. 126

8 FINAL DRAFT 7/14 (1d) Meetings - regular Regular meetings of the city council shall be held at a time and place fixed by 127 ordinance. and all regular meetings of the city council shall provide for a period of public comment. The 128 city council may make rules that regulate the period of public comment; 129 (2) specialSpecial meetings of the city council shall be held at the call of the president or at the call of any 130 3 6 or more members, for any purpose. Except in an emergency as declared by the city council president, 131 notice of the meeting shall be delivered to each member at least 2 business days in advance of the time set 132 and shall specify the date, time, location and purpose for which the meeting is to be held. A copy of each 133 notice shall immediately be posted. 134 (13) all All sessions of the city council and every city council committee or subcommittee shall, at all 135 times, be open to the public, unless otherwise specified by law.; and 136 (42) a A full, accurate, up-to-date account of the proceedings of the city council shall be maintained by 137 the city clerk, which shall include a record of each vote taken and be made available with reasonable 138 promptness following each meeting. Executive session minutes shall be made available as soon as 139 publication of the minutes would not defeat the purpose of the executive session, unless otherwise 140 provided by law. 141 SECTION 2-6: ELECTION, TERM, AND POWERS OF CITY COUNCIL PRESIDENT AND VICE- 142 PRESIDENT 143 (a) Election and Term - As soon as practicable after the councilors-elect have been qualified following 144 each regular city election, as provided in section 7-4, the city council shall elect from among its members 145 a president and vice-president who shall serve for 1-year terms. The member of the council with the most 146 years of service shall preside at the election. If 2 or more members have the same term of service the 147 councilor with the last name that is first in alphabetical order from among the councilors shall preside. 148 The conduct of all elections of the city council president and vice-president shall otherwise be prescribed 149 within the rules of the city council. 150 (b) Powers and Duties - The president shall have the following powers and duties: 151 Commented [BS7]: Analyst recommendation

9 FINAL DRAFT 7/14 (1) prepare determine the agenda for city council meetings; 152 (2) preside at all meetings of the city council, regulate its proceedings, and decide all questions of order, 153 provided, however, that the vice-president shall preside in the absence of the president; 154 (3) appoint all members of committees of the city council, whether special or standing; 155 (4) have the same powers to vote upon measures coming before the city council as any other member of 156 the city council; and 157 (5) perform any other duties consistent with the office that are established by this charter, ordinance or 158 other vote of the city council. 159 SECTION 2-7: APPOINTMENTS OF THE CITY COUNCIL 160 (a) City Clerk – The city council shall appoint a city clerk to serve at the pleasure of the city council and 161 until a successor is chosen and qualified. The city clerk shall have the powers and duties relating to the 162 keeping of records and vital statistics, the issuance of licenses as are provided to city clerks by the 163 General Laws and such additional powers and duties as may be provided by law or by other vote of the 164 city council. 165 (ab) Advisory Legal Counsel - Subject to appropriation, the city council may secure legal services, when 166 needed, to seek a secondary legal opinion. The city council shall make a reasonable request for legal 167 services, and that request shall not be unreasonably denied by the mayor. The city solicitor and any 168 advisory legal counsel shall consult to the extent practicable prior to the release of any secondary opinion. 169 The legal services provided to the council shall not include representation of the council or any councilor 170 in any litigation, or the issuance of formal legal opinions on behalf of the city. The city solicitor shall 171 remain the only authorized officer of the city in all legal matters involving the city’s government. 172 (bc) Other Staff - Subject to appropriation, the city council may employ staff as it deems necessary. 173 (cd) Removals and Suspensions of City Council Staff – City council appointments may be removed at the 174 sole discretion of the city council subject to limitations and requirements imposed by federal and state 175 laws, rules or regulations. 176 Commented [BS8]: Analyst recommendation Commented [BS9]: Analyst recommendation

10 FINAL DRAFT 7/14 SECTION 2-8: CITY COUNCIL CONFIRMATION OF CERTAIN APPOINTMENTS 177 (a) Department Heads - The mayor shall refer to the city council for confirmation and simultaneously file 178 with the city clerk the name of each person the mayor has appointed as a department head. These 179 appointments shall become confirmed 30 days from the date of the first regularly scheduled city council 180 meeting after the date on which notice of the appointment was filed with the city clerk, unless the city 181 council within said 30 days shall reject the appointment by the affirmative vote of 8 members. However, 182 if no city council meeting is held within the subsequent 30 days of the first meeting, the city council shall 183 instead have 30 days from the second regularly scheduled meeting after the appointment to reject the 184 appointment. The city council shall not unreasonably reject an appointment and shall accompany a 185 rejection with a written statement describing the reason, which shall be delivered to and placed on file 186 with the city clerk within 30 days of filing. The question on rejection of any appointment made by the 187 mayor shall not be subject to the procedure of charter objection provided in section 2-9(b) of this charter. 188 (b) Multiple Member Bodies - The mayor shall refer to the city council and simultaneously file with the 189 city clerk the name of each person the mayor desires to appoint as a member of a multiple member body. 190 The city council shall have 45 60 days after the date on which notice of the proposed appointment was 191 filed with the city clerk to vote to approve or reject the appointment, with approval not to be unreasonably 192 withheld. If the city council does not take action on the appointment within 60 days approve or reject the 193 appointment within 45 days, it may file a 15-day extension with the city clerk. If the time period elapses 194 and no extension has been filed, the appointment shall be deemed approved. Multiple member body 195 members may be removed at the discretion of their appointing authority subject to limitations and 196 requirements imposed by federal and state laws, rules or regulations. 197 (1) In the event of a vacancy on a multiple member body where the seat has remained vacant in excess of 198 1 year and the mayor has not referred to the city council any proposed appointees to fill the vacancy, the 199 city council president may present to the mayor the names of no more than 3 individuals as 200 recommendations for appointment. The procedure for selecting names for presentation to the mayor shall 201 be established within the rules of the city council. 202

11 FINAL DRAFT 7/14 (2) The mayor shall twice annually, in February and August, post a complete list of the vacancies within 203 all multiple member bodies, as well as the procedures for individuals to apply to become a member of 204 those bodies. This posting shall be in addition to, and not a substitute for, regular posting for the purpose 205 of filling vacancies as they arise. 206 (c) Constables - The mayor shall refer to the city council and simultaneously file with the city clerk the 207 name of each person the mayor desires to appoint as a constable within the city. The city council shall not 208 unreasonably withhold confirmation of appointments and shall accompany a rejection with a written 209 statement describing the reason, which shall be delivered to and placed on file with the city clerk within 210 30 days of filingthat rejection. Constables shall serve for a term of 3 years, and submission for 211 reappointment shall be made at least 60 days prior to the expiration of a constable’s term. The question on 212 confirmation of any appointment submitted by the mayor shall not be subject to the procedure of charter 213 objection provided in section 2-9 (b) of this charter. 214 (d) Civil Service Employees - The mayor shall refer to the city council and simultaneously file with the 215 city clerk the name of each person the mayor desires to appoint as a member or officer of the police 216 department or the fire department. The city council shall not unreasonably withhold confirmation of 217 appointments, shall adhere to any merit principles identified in applicable law, including, but not limited 218 to applicable civil service law, and shall accompany a rejection with a written statement describing the 219 reason, which shall be delivered to and placed on file with the city clerk within 30 days of that rejection. 220 The question on confirmation of any appointment submitted by the mayor shall not be subject to the 221 procedure of charter objection provided in section 2-9(b) of this charter. 222 SECTION 2-9: ORDINANCES AND OTHER MEASURES 223 (a) Measures - Every adopted measure shall become effective at the expiration of 10 days after adoption 224 or upon the signature of the mayor, whichever occurs first, unless the ordinance or this charter provides 225 otherwise. An ordinance shall not be amended or repealed except by another ordinance adopted in 226 accordance with this charter. 227 Commented [BS10]: Analyst recommendation Commented [BS11]: Analyst recommendation Commented [BS12]: Council request

12 FINAL DRAFT 7/14 (b) Charter Objection - On the first occasion that the question on adoption of a measure is put to the city 228 council, a single member present may object to the taking of the vote and postpone the vote until the next 229 meeting of the city council, whether regular or special. If 2 or more present members object, the vote shall 230 be postponed until the next regular meeting. This procedure shall not be used more than once for any 231 specific matter regardless of whether it has been amended. A charter objection shall have privilege over 232 all motions provided, however, that it shall be raised prior to or at the call for a vote by the presiding 233 officer and all debate shall cease. 234 Commented [BS13]: Analyst recommendation

13 FINAL DRAFT 7/14 SECTION 2-10: ACCESS TO INFORMATION 235 (a) In General - The city council may make investigations into the affairs of the city and into the conduct 236 and performance of any city agency. Absent compelling circumstances or an emergency which shall be 237 declared on record and noted in the city council minutes, the city council shall give a minimum of 14 238 days’ notice to a person it may require to appear before it under this section. In circumstances involving 239 compelling circumstances or emergency, 7 days’ notice shall be allowed. The notice shall include specific 240 questions on which the city council seeks information and any person called to appear before the city 241 council under this section shall not be required to respond to any question not relevant or related to those 242 questions presented in advance and in writing. The mayor shall receive a copy of any notice issued under 243 this section at the same time as the person who is requested to appear before the council. Majority vote of 244 the city council shall be required to issue notice under this section. 245 (b) Department Head - The city council may require, by majority vote, specific information from a 246 department head or their designee on any matter related to the municipal services, functions and powers 247 or duties which are within the scope of responsibility of that person. The department head or their 248 designee shall not be required to answer questions relating to any other matter outside the scope of the 249 matter noticed. 250 (c) Mayor - The city council may request, by majority vote, specific information from the mayor on any 251 municipal matter. The mayor or their designee shall appear before the city council and respond to the 252 questions. The mayor or their designee shall not be required to answer questions relating to any other 253 matter. The mayor may bring to this meeting any assistant, department head or other city officer or 254 employee that the mayor may consider necessary to assist in responding to the questions posed by the city 255 council. 256

14 FINAL DRAFT 7/14 SECTION 2-11: GROUP PETITIONS 257 The city council shall hold a public hearing and act with respect to every petition which is addressed to it 258 and which is signed by at least 100 municipal voters as certified by the board of election commissioners. 259 The hearing shall be held by the city council or by a committee or subcommittee thereof, and the city 260 council shall act on the petition within 3 months of filing with the city clerk. Hearings on 2 or more 261 petitions filed under this section may be held at the same time and place. At least 14 days before the 262 hearing, the city clerk shall notify the 10 petitioners whose names first appear on each petition, publish a 263 general summary of the subject matter of the petition, and post notice of the date and time of the public 264 hearing. A hearing shall not be held upon any subject more than once in a 12-month period, as determined 265 by the city council president. 266 SECTION 2-12: FILLING OF VACANCIES 267 (a) Councilor At-Large – Whenever a vacancy occurs in the office of councilor at-large the process for 268 filling of the vacancy shall be determined by the number of days remaining until the next municipal 269 election. In all occurrences of a vacancy, the city clerk shall notify the city council and the chairperson of 270 the board of election commissioners of the vacancy within 7 days. Within 7 days after notification, the 271 chairperson of the board of election commissioners or a designee shall certify, in writing, to the city clerk 272 that the defeated candidate for the office of councilor at-large with the next highest number of votes at the 273 municipal election at which councilors at-large were elected for the term in which the vacancy occurs 274 shall serve as councilor at-large. If the person is eligible and willing to serve, the city clerk shall 275 administer the oath of office to the person within 15 days after certification and the person shall serve. If 276 the person who is eligible declines the office, is not eligible and willing to serve, or fails to take the oath 277 of office within the time period set forth in this section, then the person with the next highest number of 278 votes at the election who is eligible and willing to serve shall serve. 279 If a vacancy occurs: 280

15 FINAL DRAFT 7/14 (1) More than 180 days until the next municipal election, the next highest candidate serves the remainder 281 of the unexpired term. If there is no defeated candidate eligible and willing to serve who has taken the 282 oath of office, there shall be a special election. 283 (2) Less than or equal to 180 days prior to any regular municipal election in the office of councilor at- 284 large, the next highest candidate serves until the next municipal election. If there is no eligible and willing 285 candidate from the most recent municipal election, then the seat remains vacant until the next regular 286 municipal election. The person elected shall fill the vacancy for the remainder of the unexpired term and 287 the term to which elected. The city clerk shall administer the oath of office to them at the next meeting of 288 the city council. 289 (b) Ward Councilor - If a vacancy occurs in the office of ward councilor more than 180 days prior to any 290 regular municipal election, the city council shall immediately order a special election to fill the vacancy 291 for the remainder of the unexpired term. If a vacancy occurs 180 days or less prior to any regular 292 municipal election, the seat shall remain vacant until the next regular municipal election for the office and 293 the person elected shall fill the vacancy for the remainder of the unexpired term and the term to which 294 elected. The city clerk shall administer the oath of office to the person at the next meeting of the city 295 council. 296

16 FINAL DRAFT 7/14 ARTICLE 3 297 EXECUTIVE BRANCH 298 SECTION 3-1: MAYOR: ROLE; TERM OF OFFICE; ELIGIBILITY 299 (a) Role – The chief executive officer of the city shall be a mayor, elected by the municipal voters of the 300 city at large. The role of mayor shall be a full-time position. 301 (b) Term of Office – The term of office for mayor shall be four two years, beginning on the first business 302 day in January following the municipal election. 303 (c) Eligibility – Any statewide voter in Somerville shall be eligible to hold the office of mayor. 304 SECTION 3-2: PROHIBITIONS 305 The mayor shall not hold another compensated city position or other elected public office. A former 306 mayor shall not hold a compensated appointed city office or city employment for 1 year after termination 307 of their service as the mayor. Any former mayor shall not receive compensation for contracted work 308 authorized during their tenure as the mayor, provided, however, that they may be compensated for limited 309 hours advising the incoming mayor. This subsection shall not prevent a city officer or other city employee 310 who has vacated a position to serve as the mayor from returning to the same office or other position of 311 city employment held when the position was vacated. This prohibition shall not apply to persons covered 312 by a leave of absence under section 37 of chapter 31 of the General Laws. 313 SECTION 3-3: COMPENSATION 314 The mayor shall receive compensation for their services as set by the city council by ordinance. An 315 ordinance increasing or reducing the compensation of the mayor shall not be effective unless: 316 (1) it is adopted by affirmative vote of 8 members of the city council; 317 (2) it is adopted prior to the last 6 months of the mayor’s term; and 318 (3) it provides that the compensation increase or reduction is to take effect upon the organization of the 319 city government following the next regular city election. 320 Commented [BS14]: Council request

17 FINAL DRAFT 7/14 SECTION 3-4: EXECUTIVE POWERS 321 (a) Executive Powers - The executive powers of the city shall be vested solely in the mayor and may be 322 exercised by the mayor either personally or through the city agencies under the general supervision and 323 control of the office of the mayor. The mayor shall cause this charter, laws, ordinances and other orders of 324 the city government to be enforced and shall cause a record of all official acts of the executive branch of 325 the city government to be kept. The mayor shall supervise, direct, and be responsible for the efficient 326 administration of all city activities and functions placed under the control of the mayor by law or by this 327 charter. 328 (b) Supervision of City Agencies - The mayor shall exercise general supervision and direction over all 329 city agencies, unless otherwise provided by law or by this charter. Each city agency shall furnish to the 330 mayor any information or materials the mayor may request and as the needs of the office of mayor and 331 the interest of the city may require. The mayor shall be responsible for the efficient and effective 332 coordination of the activities of all city agencies and may call together for consultation, conference and 333 discussion, at reasonable times, all persons serving the city. 334 (c) Multiple Member Bodies - The mayor shall be, by virtue of the office, an ex officio member of every 335 appointed multiple member body of the city. The mayor may, as an ex officio member, attend any 336 meeting of an appointed multiple member body of the city, including executive sessions, to participate in 337 the discussions of that body, provided, however, that they shall not have the right to vote. 338 SECTION 3-5: APPOINTMENTS BY THE MAYOR 339 (a) Department Heads - The mayor shall appoint, subject to review by the city council under section 2- 340 8(a), all department heads for whom no other method of appointment or selection is provided by this 341 charter. Department heads serve at the discretion of the mayor subject to the limitations and requirements 342 imposed by federal and state laws, rules, or regulations. 343 (b) Multiple Member Bodies - The mayor shall appoint, subject to confirmation by the city council under 344 section 2-8(b), all members of multiple member bodies for whom no other method of appointment or 345

18 FINAL DRAFT 7/14 selection is provided by administrative order or General Laws. All members shall serve terms as defined 346 by administrative order or General Laws. 347 (c) Civil Service Employees - The mayor may appoint, subject to confirmation, members and officers of 348 the police department and fire department. 349 (d) City Employees - The method of appointment for all other city employees shall be prescribed by 350 administrative order. 351 SECTION 3-6: APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER 352 The mayor shall appoint a chief administrative officer to coordinate and direct the operations and 353 functions of municipal government. The chief administrative officer shall be appointed by the mayor, 354 subject to review by the city council under section 2-8(a). The appointee shall be chosen on the basis of 355 strong appropriate administrative and executive qualifications and shall have a combination of 356 experience, training, or education to perform the duties of the office. Within 30 days of the beginning of a 357 new mayoral term, the mayor shall submit the chief administrative officer for reconfirmation in the same 358 manner as a new appointment under section 2-8(a). 359 SECTION 3-7: TEMPORARY APPOINTMENTS TO CITY OFFICES 360 Whenever a temporary or permanent vacancy occurs in a city office that is appointed under section 3- 361 5(a), the mayor may designate a person to perform the duties of the office on a temporary basis for up to 362 150 days until the position can be filled as provided by law or by this charter. Persons serving as 363 temporary officers under this section shall have only those powers that are indispensable and essential to 364 the performance of the duties of the office during the period of temporary appointment and no others. 365 (a) Filing of a Temporary Appointment - When the mayor designates a person under this section, the 366 mayor shall file a certificate with the city clerk in substantially the following form: 367 “I designate [name of person] to perform the duties of the office of [office in which 368 vacancy exists] on a temporary basis until the office can be filled by [the regular 369 procedure for filling the vacancy or when the incumbent shall return]. I certify that this 370 Commented [BS15]: Analyst recommendation Commented [BS16]: Council request

19 FINAL DRAFT 7/14 person is qualified to perform the duties which will be required and that I make this 371 designation solely in the interests of the City of Somerville.” 372 (b) Extension of Temporary Appointments - If an extension of a temporary appointment is necessary, the 373 mayor may seek extensions in 60-day increments, which shall be authorized by a majority vote of the city 374 council. If an extension is not approved, the position shall be deemed vacant. 375 SECTION 3-8: TEMPORARY APPOINTMENTS TO MULTIPLE MEMBER BODIES 376 Whenever a temporary or permanent vacancy occurs on a multiple member body that is appointed under 377 section 3-5(b), the mayor may designate a person to perform the duties of the office on a temporary basis 378 for up to 150 days until the position can be filled as provided by law or by this charter. If an extension of 379 a temporary appointment is necessary, the mayor may seek extensions in 60-day increments, which shall 380 be authorized by a majority vote of the city council. If an extension is not approved, the position shall be 381 deemed vacant, except on multiple member bodies where the vacancy would prevent a quorum. In that 382 instance, a temporary appointment shall be permitted to remain until a successor is qualified, provided, 383 however, that the authority of the temporary appointment shall be limited to matters where failure to act 384 by the multiple member body may have adverse consequences to the City. 385 SECTION 3-9: APPROVAL OF MAYOR, VETO 386 Every order, ordinance, resolution, or voteordinance or other measure as provided for by law adopted or 387 passed by the city council, except any matters relating to the internal affairs of the city council, shall be 388 presented to the mayor for approval within 3 days of adoption or passage. If the mayor approves the 389 measure, the mayor shall sign it. If the mayor disapproves the measure, the mayor shall return it to the 390 city council with the specific reason for disapproval attached in writing. The city council shall enter the 391 objections of the mayor on its records and reconsider the measure after 14 days but before 30 days from 392 the date of its returnat the subsequent regular meeting. If the city council, regardless of the disapproval by 393 the mayor, shall again pass the identical measure by affirmative vote of 8 members of the city council, it 394 shall then be deemed in force. If the mayor has neither signed a measure nor returned it to the city council 395 Commented [BS17]: Analyst recommendation

20 FINAL DRAFT 7/14 within 10 days following the date it was presented to the mayor, the measure shall be deemed approved 396 and in force. 397 SECTION 3-10: COMMUNICATIONS; SPECIAL MEETINGS 398 (a) Communications to the City Council - The mayor shall, by written communication: (1) recommend to 399 the city council for its consideration measures as the needs of the city require; and (2) keep the city 400 council fully informed of the financial and administrative condition of the city and shall specifically 401 indicate any fiscal, financial, or administrative issues facing the city. 402 (b) Special Meetings of the City Council - The mayor may call a special meeting of the city council for 403 any purpose. Unless the mayor designates an emergency, notice of the meeting shall be delivered at least 404 2 business days in advance of the time set and shall specify the date, time and location of the meeting and 405 the purpose for which the meeting is to be held. A copy of the notice shall be posted immediately. 406 SECTION 3-11: TEMPORARY ABSENCE OF THE MAYOR 407 (a) Acting Mayor – Whenever the mayor is unable to perform the duties of the office, the president of the 408 city council shall be the acting mayor. In the event that the city council president is unable to serve as 409 acting mayor under this section, the city council shall elect a councilor to serve as acting mayor from 410 among its membership. The city council, by the affirmative vote of 8 members, shall determine whether 411 the mayor is unable to perform the duties of the office. Notwithstanding any general or special law to the 412 contrary, the vote shall be taken in public session by a roll call vote. 413 (b) Powers of Acting Mayor – The acting mayor shall have only those powers of the mayor that are 414 indispensable and essential to conduct the business of the city and on which action may not be delayed. 415 The acting mayor shall have no authority to make a permanent appointment or removal from city service 416 unless the absence of the mayor shall extend beyond 60 days, nor shall the acting mayor approve or 417 disapprove of any measure adopted by the city council unless the time within which the mayor must act 418 would expire before the return of the mayor. The city council president or another councilor serving as 419 acting mayor shall not vote as a member of the city council. 420

21 FINAL DRAFT 7/14 SECTION 3-12: DELEGATION OF AUTHORITY BY MAYOR 421 The mayor may authorize and subsequently remove authorization from a subordinate officer or employee 422 of the city to exercise or perform a power, function, or duty of the office of the mayor, provided, however, 423 that all acts performed under any delegation of authority during the period of authorization shall be and 424 remain the acts of the mayor. Nothing in this section shall be construed to authorize the mayor to delegate 425 the powers and duties of a school committee member, the power of appointment to city office or 426 employment, or to sign or return measures approved by the city council unless the provisions of section 3- 427 11 apply. 428 SECTION 3-13: FILLING OF PERMANENT VACANCY 429 Whenever a permanent vacancy occurs in the office of mayor by death, removal, resignation, or any other 430 reason, the process for filling of the vacancy shall be determined by the month of the mayoral term in 431 which the vacancy occurs. Following an election to fill a mayoral vacancy, the winning candidate shall 432 start immediately and serve the remaining unexpired term. 433 (a) If a vacancy occurs within the 46 months preceding a regular city election the position shall be filled 434 by vote at that election. Otherwise, the city council shall call a special election to be held within 90 days 435 following the date of the vacancy. 436 (b) The city council president shall serve as the acting mayor in all cases until the vacancy is filled. In the 437 event that the city council president is unable to serve as the acting mayor under this section, the city 438 council shall elect a councilor to serve as the acting mayor from among its membership. If the councilor 439 serving as the acting mayor under this section chooses to run for mayor, they shall not be entitled to have 440 the words “candidate for reelection” printed with that person’s name on the subsequent election ballot. 441 Any person serving as the mayor under this section shall receive the compensation then in effect for the 442 position of mayor and shall not vote as a member of the city council. 443 Commented [BS18]: Analyst recommendation

22 FINAL DRAFT 7/14 ARTICLE 4 444 SCHOOL COMMITTEE 445 SECTION 4-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 446 (a) Composition – There shall be a school committee consisting of 9 members. Seven members shall be 447 nominated and elected by the municipal voters of the city, 1 member elected from each ward. The mayor 448 and the president of the city council shall serve, ex officio, with the same powers and duties as other 449 school committee members, provided, however, that neither shall serve as chair. 450 (b) Term of Office – The term for the school committee shall be 2 years, beginning on the first business 451 day in January following the municipal election. 452 (c) Eligibility – Any statewide voter in the ward from which election is sought shall be eligible to hold the 453 office of school committee member. If a school committee member removes from the city during the 454 committee member’s term, that office shall immediately be deemed vacant and filled in the manner 455 provided in section 4-6. If a school committee member removes to another ward in the city, the member 456 may continue to serve for the balance of the term to which elected. 457 SECTION 4-2: PROHIBITIONS 458 A member of the school committee elected by ward shall not hold any other compensated city position. A 459 former member of the school committee elected by ward shall not hold any compensated appointed city 460 office or city employment for 1 year after termination of their service on the school committee. This 461 section shall not prevent a city officer or other city employee who has vacated a position in order to serve 462 as a member of the school committee elected by ward from returning to the same office or other position 463 of city employment held at the time the position was vacated. 464

23 FINAL DRAFT 7/14 SECTION 4-3: COMPENSATION 465 Members of the school committee shall receive compensation for their services as set by ordinance by the 466 city council. An ordinance increasing or reducing the compensation of the members of the school 467 committee shall not be effective unless: 468 (1) it is adopted by affirmative vote of 8 members of the city council; 469 (2) it is adopted prior to the last 6 months of the school committee’s term; and 470 (3) it provides that the compensation increase or reduction is to take effect upon the organization of the 471 city government following the next regular city election. 472 SECTION 4-4: SCHOOL COMMITTEE RULES AND PROCEDURES 473 School committee officers and procedures shall be determined by the school committee. 474 SECTION 4-5: SCHOOL COMMITTEE POWERS AND DUTIES 475 The school committee shall have all powers which are conferred on school committees by the General 476 Laws and the additional powers and duties provided by this charter, including but not limited to: 477 (1) selecting and removing a superintendent of the schools who shall be charged with the administration 478 of the school system, and all other personnel as provided by the General Laws; 479 (2) making all policies for the management of the public school system and for conducting the business of 480 the school committee as deemed necessary or desirable; 481 (3) adopting and overseeing the administration of an annual operating budget for the school department, 482 subject to appropriation; 483 (4) providing ordinary maintenance of all school buildings and grounds, unless a central municipal 484 maintenance department, which may include maintenance of school buildings and grounds, is established; 485 and 486 (5) at least 1 member of the school committee, or a designee of the school committee, shall serve on the 487 agency, board, or committee for the planning or construction of a new, remodeled, or renovated school 488 building. 489

24 FINAL DRAFT 7/14 SECTION 4-6: FILLING OF VACANCIES 490 If a vacancy on the school committee occurs with 1 year or more remaining in the term, the city council 491 shall order a special election to fill the vacancy. If a vacancy on the school committee occurs with less 492 than 1 year before the end of the term but more than 120 days before any regular municipal election, the 493 school committee shall appoint a replacement to serve for the remainder of the term from the qualified 494 statewide voters of the ward. The school committee shall post notice of the vacancy and solicitation of 495 nominations and appoint the replacement in accordance with school committee policy. If a vacancy 496 occurs within 120 days of a regular municipal election, the vacancy shall be filled by the regular election 497 and the newly elected school committee member’s term shall begin following the certification of election 498 results. The person elected shall be sworn to office to fill the vacancy for the balance of the unexpired 499 term as well as the term to which elected. The city clerk shall administer the oath of office to them on or 500 before the next meeting of the school committee. 501

25 FINAL DRAFT 7/14 ARTICLE 5 502 ADMINISTRATIVE ORGANIZATION 503 SECTION 5-1: ORGANIZATION OF CITY AGENCIES 504 The organization of the city into agencies to provide services and administer the government may be 505 accomplished only through an administrative order submitted to the city council by the mayor. An 506 administrative order may not originate with the city council. The mayor may, subject only to express 507 prohibitions of General Laws or this charter, propose administrative orders to establish a new agency, 508 reorganize, consolidate or abolish any agency, in whole or in part, as is deemed necessary to conduct the 509 business of the city in an orderly, efficient or convenient manner. The mayor may also propose 510 administrative orders to establish terms of office and prescribe the functions and administrative 511 procedures to be followed by all agencies. 512 These proposed administrative orders shall be accompanied by a message from the mayor which explains 513 the expected benefits and advises the city council if an administrative order shall require amendments, 514 insertions, revisions, repeal, or otherwise of existing ordinances. Whenever the mayor proposes an 515 administrative order, the city council shall hold 1 or more public hearings on the proposal and post notice. 516 An organization or reorganization plan shall become effective at the expiration of 60 days from filing, 517 unless the city council has voted to disapproved the plan by majority vote prior to that date. Provided, 518 however, that if no regular city council meeting is held within the subsequent 60 days of the first regular 519 meeting after the filing of an organization or reorganization plan, the city council shall instead have 60 520 days from the second regular meeting. The city council may vote only to approve or to disapprove the 521 plan and may not vote to amend or to alter it. 522 SECTION 5-2: QUALIFICATIONS FOR APPOINTMENTS AND PROMOTIONS 523 All appointments and promotions of city officers and other city employees shall be made on the basis of 524 fitness demonstrated by examination, past performance, or by other evidence of competence and 525 Commented [BS19]: Analyst recommendation Commented [BS20]: Council request

26 FINAL DRAFT 7/14 suitability. Each person appointed to fill an office or position shall be a person who has the experience, 526 training, or education to perform the duties of the office or position. 527

27 FINAL DRAFT 7/14 SECTION 5-3: COMPENSATION OF CITY EMPLOYEES 528 The mayor and city council shall provide for a review to be made of all municipal employee 529 compensation at 5-year intervals to examine whether compensation reflects principles of equity and to the 530 greatest extent possible is sufficient for municipal employees to live in the city. This review shall be made 531 by a special committee to be established by ordinance, and the initial review shall be implemented as 532 provided in section 9-7(b). The special committee shall receive a budget sufficient to hire qualified 533 consultants and any other resources necessary to undertake a thorough review. The special committee 534 shall file its report with the city clerk on a date specified by ordinance. This report shall include an 535 analysis of the current pay and compensation structure with recommendations for adjustments to that 536 structure, taking into consideration the city’s current and expected financial situation and the impact of 537 the recommendations on the budget. The review of compensation shall be under the supervision of the 538 chief administrative officer. 539

28 FINAL DRAFT 7/14 ARTICLE 6 540 FINANCIAL PROCEDURES 541 SECTION 6-1: FISCAL YEAR 542 The fiscal year of the city shall begin on July 1 and end on June 30, unless another period is required by 543 the General Laws. 544 SECTION 6-2: COMMUNITY AND COUNCIL BUDGET INPUT 545 The city council shall hold a community budget hearing on or before February 15 of each year in order to 546 solicit public input regarding budget priorities. The city council shall post notice of the community budget 547 hearing 14 days in advance of the hearing. After the community budget hearing but at least 10 days before 548 the annual budget meeting, tThe mayor shall, at the first regular meeting of the city council of each year, 549 solicit budget priorities from all city councilors. 550 SECTION 6-3: ANNUAL BUDGET MEETING 551 On or before April November 1 of each year, the mayor shall call a joint meeting of the city council and 552 school committee, including the superintendent of schools, to review the financial condition of the city, 553 revenue and expenditure forecasts for at least 3 years and other relevant information prepared by the 554 mayor in order to develop a coordinated budget. 555 SECTION 6-4: SUBMISSION OF OPERATING BUDGET; BUDGET MESSAGE 556 On or about June 1May 15, the mayor shall submit to the city council a proposed operating budget for all 557 city agencies for the next fiscal year. The proposed operating budget shall include the school budget, as 558 adopted by the school committee, which shall be submitted to the mayor on or about May 151. The 559 proposed operating budget shall be accompanied by a budget message and supporting documents. The 560 budget message shall explain the operating budget in fiscal terms and in terms of work programs for all 561 city agencies. It shall outline the proposed fiscal policies of the city for the next fiscal year, describe 562 important features of the proposed operating budget and include any major variations from the current 563 Commented [BS21]: Council request Commented [BS22]: Council request Commented [BS23]: Council request

29 FINAL DRAFT 7/14 operating budget, fiscal policies, revenues and expenditures together with reasons for these changes. The 564 proposed operating budget shall provide a complete fiscal plan of all city funds and activities and shall be 565 in the form the mayor deems desirable, provided, however, that the budget proposals relative to elected 566 officials shall identify the cost of compensation and the cost of benefits for those officials. The mayor and 567 the superintendent of schools shall coordinate the dates and times of the school committee's budget 568 process under the General Laws. 569 SECTION 6-5: ACTION ON THE OPERATING BUDGET 570 (a) Public Hearing - The city council shall post a notice of the proposed operating budget as submitted by 571 the mayor. The notice shall state: (1) the times and places where copies of the entire proposed operating 572 budget are available for inspection by the public; and (2) the date, time and place when a public hearing 573 on the proposed operating budget shall be held by the city council, at least 7 days after posting of the 574 notice. The city council shall not act on the budget until after the public hearing has occurred. 575 (b) Adoption of the Budget - The city council shall adopt the proposed operating budget, which may have 576 amendments, before the end of the fiscal year. In amending the proposed operating budget, the city 577 council may delete or decrease amounts except expenditures required by law, provided, however, that the 578 city council shall not increase any specific item or the total of the proposed operating budget except on 579 the recommendation of the mayor or unless otherwise authorized by the General Laws. If the city council 580 fails to act on an item in the proposed operating budget prior to the beginning of the fiscal year, that 581 amount shall, without any action by the city council, become a part of the appropriations for the year and 582 be available for the purposes specified. 583 (c) Availability of the Operating Budget – In addition to any other posting requirements, immediately 584 after the submission of the proposed budget to the city council, the mayor or their designee shall post the 585 entire budget document on the city website, where it shall remain posted during the city council review 586 process contained in this article. After the enactment of the budget the mayor or their designee shall post 587 the final budget on the city website where it shall remain throughout the fiscal year for which it is in 588

30 FINAL DRAFT 7/14 effect. The final budget shall reflect any amendments made by the city council and approved by the 589 mayor and shall indicate that it is the final budget. 590 SECTION 6-6: CAPITAL IMPROVEMENT PROGRAM 591 (a) Submission - The mayor shall submit a capital improvement program to the city council on or about 592 October 15 of each year. The mayor shall annually revise the information regarding the capital 593 improvements still pending or in the process of being acquired, improved, or constructed. 594 The capital improvement program shall include: 595 (1) a general summary of its contents; 596 (2) a list of all capital improvements proposed to be undertaken during the next 5 years, with supporting 597 information as to the need for each capital improvement; 598 (3) cost estimates, methods of financing, and recommended time schedules for each improvement; and 599 (4) the estimated annual cost of operating and maintaining each facility and piece of major equipment 600 involved. 601 (b) Public Hearing - The city council shall post a notice stating: (1) the times and places where entire 602 copies of the capital improvements program are available for the public; and, (2) the date, time, and place 603 of a public hearing on the plan to be held by the city council at least 14 days after posting of the notice. 604 (c) Adoption – Following the public hearing, but not later than December 1, the city council shall by 605 resolution adopt or reject the capital improvements program. The adopted program may be amended, 606 provided that each amendment shall be voted on separately, and that an increase in the capital 607 improvements program as submitted shall clearly identify the method of financing to accomplish the 608 proposed increase. 609 Commented [BS24]: Council request

31 FINAL DRAFT 7/14 SECTION 6-7: INDEPENDENT AUDIT 610 The city council shall annually provide for an outside audit of the books and accounts of the city to be 611 conducted by a certified public accountant or a firm of certified public accountants, which has no personal 612 interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The mayor shall annually 613 provide to the city council a sum of money sufficient to satisfy the estimated cost of conducting the audit 614 as presented to the mayor, in writing, by the city council. The award of a contract to audit shall be made 615 by the city council on or before September 15 of each year. The report of the audit shall be filed with the 616 city council not later than March 1 in the year following its award. At least every 5 years, the city council 617 shall conduct a competitive procurement process to retain these auditing services. 618 SECTION 6-8: EXPENDITURES IN EXCESS OF APPROPRIATIONS 619 Except as otherwise provided by law, an official of the city shall not knowingly or intentionally expend in 620 a fiscal year sums in excess of the appropriations, awards, grants or gifts duly made in accordance with 621 law or involve the city in any contract for the future payment of money in excess of these appropriations, 622 awards, grants or gifts. It is the intention of this section that section 31 of chapter 44 of the General Laws 623 shall be strictly enforced. Any official who violates this section shall be personally liable to the city for 624 any amounts so expended to the extent that the city does not recover these amounts from the person to 625 whom the sums were paid. 626

32 FINAL DRAFT 7/14 ARTICLE 7 627 ELECTIONS 628 SECTION 7-1: ELIGIBILITY TO VOTE IN MUNICIPAL ELECTIONS 629 In addition to individuals eligible to vote pursuant to the General Laws the following individuals may, 630 upon application, have their names entered on a list of municipal voters established by the board of 631 election commissioners for the city and may thereafter vote in any election for municipal offices and 632 municipal ballot questions in accordance with this charter: 633 (1) Any non-citizen residing in the city, who is ineligible to vote due to citizenship status under federal or 634 state law, rule, or regulation, but who is otherwise eligible to vote; and 635 (2) Any 16- and 17-year old residing in the city, who is ineligible to vote due to age under federal or state 636 law, rule, or regulation, but who is otherwise eligible to vote. 637 These municipal voters shall remain eligible to vote in any election for municipal offices and municipal 638 ballot questions in the city for so long as they remain domiciled therein. 639 SECTION 7-2: PRELIMINARY ELECTIONS 640 A preliminary election to nominate candidates for mayor, councilors at-large, ward councilors, and school 641 committee members shall be held on the third Tuesday in September in each odd-numbered year in which 642 the candidates are to be elected. The city clerk may, with the approval of the city council, reschedule the 643 preliminary election to the fourth Tuesday in September to avoid a conflict with any civil or religious 644 holiday. Whenever a special election to fill a vacancy is to be held, a preliminary election shall be 645 conducted, if necessary, 28 days before the date established for the special election. A preliminary 646 election to fill a vacancy in the office of ward councilor or school committee member shall be held only 647 in the ward where there is a vacancy. 648

33 FINAL DRAFT 7/14 SECTION 7-3: PRELIMINARY ELECTION PROCEDURES 649 (a) Signature Requirements - The number of signatures of municipal voters required to place the name of 650 a candidate on the official ballot to be used at a preliminary election shall be as follows: 651 (1) Mayor - at least 250 certified signatures; 652 (2) At-Large City Councilor - at least 100 certified signatures; 653 (3) Ward City Councilor - at least 50 certified signatures, all of which shall be certified as being from the 654 ward from which election is sought; and 655 (4) School Committee Member – at least 50 certified signatures, all of which shall be certified as being 656 from the ward from which election is sought. 657 (b) Forms - Signatures of municipal voters shall be made on a form prescribed by the board of election 658 commissioners and shall be made available not earlier than April 2 in each city election year. The forms 659 shall be submitted to the board of election commissioners for certification of the names on or before the 660 fourteenth day preceding the date fixed for submission to the city clerk. The forms shall be submitted to 661 the city clerk on or before 5:00 p.m. on the forty-fifth day prior to the declared date of the preliminary 662 election. An individual may appear on the ballot for only 1 office at any preliminary, regular or special 663 city election. 664 (c) Ballot Position - The order in which names of candidates for each office appear on the ballot shall be 665 determined by a drawing conducted by the city clerk at least 40 days before the preliminary election. The 666 drawing shall be open to the public. 667 (d) Determination of Candidates - (1) Offices of Mayor, Ward Councilor, and School Committee - the 668 two candidates who receive the highest number of votes for nomination to each office at the preliminary 669 election shall, except as provided by paragraph 7-3(d)(3), be the candidates for that office. The 670 candidates’ names shall be printed on the official ballot to be used at the regular or special city election at 671 which the office is to be voted upon and an acceptance of a nomination shall not be necessary to its 672 validity. 673

34 FINAL DRAFT 7/14 (2) Offices of City Councilor At-Large - the 8 people who receive the highest number of votes for 674 nomination to the office shall, except as provided by section 7-3(e), be the candidates for the office. The 675 candidates’ names shall be printed on the official ballot to be used at the regular or special city election at 676 which the office is to be voted upon and an acceptance of a nomination shall not be necessary to its 677 validity. 678 (3) Tied Preliminary - If there is a tie among candidates for the last available ballot position for any given 679 elected office, then all candidates receiving the same number of votes for the office shall be printed on the 680 general election ballot, notwithstanding any other provisions in this charter specifying the number of 681 candidates to be printed on the election ballot. 682 (e) Condition Making Preliminary Unnecessary - If the time for filing statements of candidates to be on 683 the ballot for any preliminary election has expired, and the number of statements filed with the city clerk 684 for an office is not more than 2 for the office of mayor, any ward councilor or school committee member, 685 or 8 for any city councilor at-large, the candidates whose statements have been filed shall be deemed 686 nominated to that office. Those candidates shall be voted on for the office at the regular or special city 687 election. The city clerk shall not print those names on the ballot to be used at the preliminary election and 688 another nomination to the office shall not be made, and a preliminary election shall not be held for the 689 office or offices. 690 SECTION 7-4: REGULAR CITY ELECTION 691 The regular city election shall be held on the Tuesday following the first Monday in November in each 692 odd-numbered year. 693 SECTION 7-5: BALLOT POSITION, REGULAR CITY ELECTION 694 The order in which names of candidates for each office appear on the ballot shall be determined by a 695 drawing conducted by the city clerk not later than 7 days after the certification of the preliminary election 696 results. If there is no preliminary election in advance of the regular city election or a special election, the 697

35 FINAL DRAFT 7/14 drawing shall be conducted on the Tuesday 6 weeks prior to the election. The drawing shall be open to the 698 public. 699 SECTION 7-6: NON-PARTISAN ELECTIONS 700 All elections for city offices shall be non-partisan and election ballots shall be printed without any party 701 mark, emblem or other political designation. 702 SECTION 7-7: WARDS 703 The territory of the city shall be divided into 7 wards by the city clerk to consist of as nearly an equal 704 number of inhabitants as it is possible to achieve, based on compact and contiguous territory, bounded as 705 far as possible by the center line of known streets or ways or by other well-defined limits. Each ward shall 706 be composed of voting precincts established under the General Laws. The city council shall review these 707 wards to ensure uniformity in the number of inhabitants at least once every 10 years. 708 SECTION 7-8: APPLICATION OF STATE GENERAL LAWS 709 Except as otherwise expressly provided in this charter and authorized by law, all city elections shall be 710 governed by the General Laws relating to the right to vote, the registration of voters, the nomination of 711 candidates, voting places, the conduct of preliminary, regular and special city elections, the submission of 712 charters, charter amendments and other propositions to the voters, the counting of votes, the recounting of 713 votes, and the determination of results. 714

36 FINAL DRAFT 7/14 ARTICLE 8 715 GENERAL PROVISIONS 716 SECTION 8-1: CHARTER CHANGES 717 This charter may be replaced, revised or amended in accordance with the state constitution or the General 718 Laws. 719 SECTION 8-2: SPECIFIC PROVISION TO PREVAIL 720 To the extent that a specific provision of this charter conflicts with any provision expressed in general 721 terms, the specific provision of this charter shall prevail. 722 SECTION 8-3: RULES AND REGULATIONS 723 A copy of all rules and regulations adopted by a city agency shall be posted to the city website. Unless an 724 emergency exists, as determined by the mayor, a rule or regulation adopted by a city agency shall not 725 become effective until at least 5 days following the date it is posted. This section shall not apply to 726 internal operating protocols and policies enacted by city departments. 727 SECTION 8-4: PERIODIC REVIEW OF CHARTER 728 The mayor and city council shall provide for a review to be made of the city charter at least once every 10 729 years to determine the need, if any, for changes and prepare recommendations addressing such changes 730 for proposed revision. The manner of the review shall be established by ordinance and incorporate 731 opportunities for community input. The recommendations report of the committee and accompanying 732 recommendations, if any, shall be filed with the city clerk on a date specified by ordinance. 733 SECTION 8-5: PERIODIC REVIEW OF ORDINANCES 734 The mayor and city council shall provide for a review to be made of some or all of the city ordinances at 735 least once every 10 years determine the need for amendments, if anyto prepare recommendations for 736 proposed revision or recodification. The manner of the review shall be established by ordinance. The 737 review of city ordinances shall be under the supervision of the city solicitor and incorporate opportunities 738 Commented [BS25]: Analyst recommendation

37 FINAL DRAFT 7/14 for community input. The recommendations shall be filed with the city clerk on a date specified by 739 ordinance. 740 SECTION 8-6: PERIODIC REVIEW OF MULTIPLE MEMBER BODIES 741 The mayor and the city council shall provide for a review to be made of all multiple member bodies at 742 least once every 10 years. This review shall be made by a special committee to whose membership and 743 term shall be determined by ordinance, and the initial review shall be implemented as provided in section 744 9-7(d). All members of the committee shall be municipal voters of the city. The special committee shall 745 file its report with the city clerk on a date specified by ordinance. The committee’s report should include 746 an assessment of the function and relevance of all multiple member bodies, and may include 747 recommendations to combine, remove dissolve or add newcreate multiple member bodies to address 748 redundancies or new concerns of the city. Recommendations shall not conflict with multiple member 749 bodies required by the General Laws. 750 SECTION 8-7: UNIFORM PROCEDURES GOVERNING MULTIPLE MEMBER BODIES 751 Open meeting law and procedures in the General Laws shall apply to the proceedings of multiple member 752 bodies, including the following: 753 (1) Officers – All appointed multiple member bodies shall elect a chair, a vice-chair and any other officer 754 it deems necessary. 755 (2) Meetings - All appointed multiple member bodies of the city shall meet regularly at the times and 756 places that the multiple member body, by the body’s own rules, prescribe. Special meetings of any 757 multiple member body shall be held at the call of the chair or by a majority of the members of the body. 758 Notice of the meeting shall be posted as required by law. Except as may otherwise be authorized by law, 759 all meetings of all multiple member bodies shall, at all times, be open to the public. 760 (3) Meeting Documents and Submissions - Each appointed multiple member body shall determine its own 761 rules and order of business. Each multiple member body shall provide for the keeping of agendas, minutes 762 Commented [BS26]: Analyst recommendation Commented [BS27]: Analyst recommendation

38 FINAL DRAFT 7/14 and related submissions of its proceedings. All documents shall be a public record and certified copies 763 shall be placed on file in the office of the city clerk within a reasonable period from the date of approval. 764 (4) Voting - If requested by a member, a vote of an appointed multiple member body shall be taken by a 765 roll call vote and the vote of each member shall be recorded in the minutes, provided, however, that if the 766 vote is unanimous only that fact need be recorded. 767 (5) Quorum - A majority of the members of an appointed multiple member body shall constitute a 768 quorum. Unless some other provision is made by the multiple member body's own rules while a quorum 769 is present, except on procedural matters, a majority of the full membership of the body shall be required 770 to vote on any action on a matter representing an exercise of the powers of the multiple member body 771 shall require a majority vote. General Laws related to a vote to meet in executive session shall always 772 require a majority of members of the body. 773 SECTION 8-8: REFERENCES TO GENERAL LAWS 774 All references to General Laws contained in this charter refer to the Massachusetts General Laws and are 775 intended to refer to and to include any amendments or revisions to chapters or sections or to the 776 corresponding chapters and sections of any rearrangement, revision or recodification of statutes enacted 777 or adopted subsequent to the adoption of this charter. 778 SECTION 8-9: COMPUTATION OF TIME 779 In computing time under this charter, the day of the act or event after which the designated time period 780 begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, 781 Sunday or legal holiday, in which event the period shall be extended to the next business day. 782 SECTION 8-10: OATHS OR AFFIRMATIONS 783 (a) Officials Elected in Regular Elections - On the first business day in January of each even-numbered 784 year, the city council members-elect, the school committee members-elect, and, in years immediately 785 following a mayoral election, the mayor-elect, shall meet and take an oath or affirmation to faithfully 786 discharge the duties of their office. The oath or affirmation shall be administered by the city clerk, the 787 Commented [BS28]: Analyst recommendation

39 FINAL DRAFT 7/14 assistant city clerk, a judge of a court of record or by a justice of the peace. Each official taking the oath 788 or affirmation shall also sign a written version, which shall be kept in a bound book maintained by the 789 city clerk. If the mayor-elect or any member-elect of the city council or school committee is absent on the 790 day the oath is administered, the oath or affirmation may be administered at any time after to that person. 791 Modifications to this section may be made by ordinance. 792 (b) Other Elected Officials and Appointed Positions - Except as otherwise provided by law, every person 793 who is elected or appointed to an office or as a member of a multiple member body shall take an oath or 794 affirmation before performing any act under this election or appointment. A record of this oath or 795 affirmation shall be kept by the city clerk. 796 (c) Certificate - Every person who is elected or appointed to an office or as a member of a multiple 797 member body shall receive a certificate of that election or appointment from the city clerk. 798 SECTION 8-11: LIMITATION ON OFFICE HOLDING 799 Unless otherwise allowed by law or this charter, a person shall not simultaneously hold more than 1 office 800 or position of employment with the city. This section may be waived by the mayor by filing a notice of 801 the waiver with an explanation and justification with the city clerk. 802 SECTION 8-12: FELONY CONVICTION 803 An elected official who has been convicted of a state or federal felony while holding office shall be 804 deemed to have vacated the office. 805 SECTION 8-13: ENFORCEMENT OF CHARTER PROVISIONS 806 It shall be the duty of the mayor to see that this charter is faithfully followed and complied with by all city 807 agencies and employees. Whenever it appears to the mayor that a city agency or employee is not 808 following this charter, the mayor shall, in writing, cause notice to be given to that agency or employee 809 directing compliance with this charter. Whenever it appears to the city council that the mayor is not 810 following this charter, the city council shall, by resolution, direct the attention of the mayor to those areas 811 Commented [BS29]: Analyst recommendation Commented [BS30]: Analyst recommendation

40 FINAL DRAFT 7/14 in which it believes there is a failure to comply with this charter. The procedures made available in 812 chapter 231A of the General Laws may be used to determine the rights, duties, or other legal relations 813 arising under this charter, including any question of construction or validity which may be involved in 814 that determination. 815

41 FINAL DRAFT 7/14 ARTICLE 9 816 TRANSITION PROVISIONS 817 SECTION 9-1: CONTINUATION OF EXISTING LAWS 818 All General Laws, special laws, city ordinances, city council votes, rules and regulations of or pertaining 819 to the city that are in force when this charter takes effect, and not specifically or by implication repealed 820 by this charter, shall continue in full force and effect until amended or repealed, or rescinded by due 821 course of law, or until they expire by their own limitation. In any case in which the provisions of this 822 charter are found to be inconsistent with the provisions of any general or special law that would otherwise 823 be applicable, the provisions of this charter shall prevail. 824 SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION 825 All city agencies and city officials shall continue to perform their duties until reappointed, until 826 successors to their respective positions are appointed or until their duties have been transferred and 827 assumed by another city agency. 828 SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY 829 All records and property of any city agency, or part thereof, the powers and duties of which are assigned 830 in whole or in part to another city agency, shall be transferred forthwith to that agency. 831 SECTION 9-4: CONTINUATION OF PERSONNEL 832 All city office holders and employees shall retain the office, position or employment they hold, and shall 833 continue to perform the duties of the office, position or employment until their employment or position is 834 otherwise terminated or other provisions are made. A person in full-time service of the city shall not 835 forfeit accrued time in service of the city as a result of adoption of this charter. 836 SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC. 837 All official bonds, recognizances, obligations, contracts and other instruments entered into or executed 838 by, with, or on the behalf of the city before the adoption of this charter, shall continue to be obligations of 839

42 FINAL DRAFT 7/14 the city; and all taxes, assessments, fines, penalties and forfeitures, incurred or imposed, due or owing to 840 the city, shall be enforced and collected; and all writs, prosecutions, actions and causes of action, except 841 as herein otherwise provided, shall continue without abatement and remain unaffected by this charter; and 842 any legal act done by or in favor of the city shall not be rendered invalid by reason of the adoption of this 843 charter. 844 SECTION 9-6: DISPOSITION OF CERTAIN SPECIAL ACTS 845 (a) Certain Special Acts Recognized and Retained - The following special acts are hereby especially 846 recognized and retained: [TO BE ADDED BY THE CITY COUNCIL] 847 SECTION 9-7: TIME OF TAKING EFFECT 848 [TO BE ADDED BY THE CITY COUNCIL] 849 (a) CREATION OF PUBLIC FINANCING OF CAMPAIGNS COMMITTEE 850 Within 6 months of the adoption of this charter, the city council shall create a public financing of 851 campaigns committee to study public financing mechanisms and prepare recommendations with the goal 852 of making running for office in the city more accessible to potential candidates. The directive of this study 853 committee is to consider a full range of options as practicable, provide analysis on the potential benefits 854 and barriers of each option, and consider which are the best fit for the city. If the city council has already 855 taken action consistent with this provision, no action is necessary. 856 The committee shall consist of 79 members: 1 shall be the chair of the board of elections commissioners 857 or their designee, 1 shall be the city council president or their designee, 1 shall be the chair of the school 858 committee or their designee, 2 shall be community members appointed by the city council, 2 shall be 859 community members appointed by the school committee, 2 shall be community members appointed by 860 the mayor. The committee shall elect a chair and establish the schedule of its meetings. 861 The committee shall issue recommendations to the city council within 12 months of creation. The city 862 council shall take action on the recommendations within 90 days of receipt. 863 Commented [BS31]: Council request

43 FINAL DRAFT 7/14 (b) CREATION OF THE INITIAL FIRST EQUITABLE COMPENSATION DISTRIBUTION 864 COMMITTEE 865 The mayor and the city council shall convene the initial equitable compensation distribution committee, 866 pursuant to section 5-3, within sufficient time that the committee’s report can be delivered by the date of 867 the Annual Budget Meeting in the following calendar year. If the city council has already taken action 868 consistent with this provision, no action is necessary. 869 In addition to the subject matter required in section 5-3, the committee’s initial report shall include: (1) 870 proposed solutions to address existing compensation disparities or related issues, including but not limited 871 to tying mechanisms (a set ratio to determine pay of elected officials, tying the highest possible pay of an 872 elected official to the lowest paid municipal employee); (2) a proposed implementation plan to establish 873 compensation distribution standards; (3) an analysis of the proposed cost and timeline to implement those 874 standards; (4) a comparative analysis of other approaches to this issue in similar municipalities; and (5) an 875 analysis of the impacts on the community of the city. 876 The committee shall consist of at least 8 members: 1 shall be the mayor or their designee, 1 shall be the 877 city council president or their designee, 1 shall be a memberthe chair of the school committee or their 878 designee, 1 shall be a member of the municipal compensation advisory board, 1 shall be a member of the 879 charter review committee, 1 shall be a community member appointed by the mayor, 1 shall be a 880 community member appointed by the city council, and one shall be the city auditor or their designee. In 881 addition, any other representation deemed necessary by the mayor and city council may be jointly 882 appointed. The committee shall elect a chair and establish the schedule of its meetings. 883 The committee shall be provided with an initial budget of at least $50,000 for its expenses, including 884 hiring of consultants as required to assist with the examination and analysis. 885 The committee shall submit a report to the city council and the city council shall respond to and vote on 886 the recommendations within 90 days of receipt. 887 Commented [BS32]: Analyst recommendation

44 FINAL DRAFT 7/14 (c) CREATION OF RANKED CHOICE VOTING IMPLEMENTATION COMMITTEE 888 Within 6 months of the passing of this charter, the city council shall create a ranked choice voting 889 committee to propose a measure to adopt ranked-choice voting and submit a report on ranked-choice 890 voting in the city. A voting method shall be considered ranked choice voting if the municipal voter ranks 891 candidates in order of preference. The committee’s report shall include: (1) the elected offices to be 892 selected by this voting method; (2) a timeframe and strategy for implementation; (3) infrastructure and 893 equipment requirements; (4) a cost analysis; (5) a comparative analysis of other voting methods; (6) an 894 analysis of potential equity concerns; and (7) a community education plan. If the city council has already 895 taken action consistent with this provision, no action is necessary. 896 The goal of this committee is to implement ranked choice voting in order to more accurately reflect the 897 will of the voters, increase the number and diversity of candidates, lower barriers to candidate 898 participation and increase transparency of elections. 899 The committee shall consist of 79 members: 1 shall be the chair of the board of elections commissioners 900 or their designee, 1 shall be the city council president or their designee, 1 shall be the chair of the school 901 committee or their designee, 2 shall be community members appointed by the city council, 2 shall be 902 community members appointed by the school committee, 2 shall be community members appointed by 903 the mayor. The committee shall elect a Chair and establish the schedule of its meetings. 904 The committee shall propose a measure to the city council within 18 months. The city council shall take 905 action on the measure within 90 days of receipt. 906 (d) INITIAL PERIODIC REVIEW OF MULTIPLE MEMBER BODIES 907 The mayor and the city council shall convene the first periodic review of multiple member bodies 908 committee, pursuant to section 8-6, within 6 months of the passing of this charter. The committee’s report 909 should include: (1) an assessment of the functions and relevancies of the city’s current multiple member 910 bodies; (2) a review of activities of multiple member bodies from recent years; (3) the ability of the city to 911 fill appointments to the body; and (4) recommendations for combining, removing or adding new multiple 912 Commented [BS33]: Council request

45 FINAL DRAFT 7/14 member bodies. If the city council has already taken action consistent with this provision, no action is 913 necessary. 914 The committee shall consist of at least 8 members: 1 shall be the mayor or their designee, 1 shall be the 915 city council president or their designee, 1 shall be a memberthe chair of the school committee or their 916 designee, 1 shall be a member of the municipal compensation advisory board, 1 shall be a member of the 917 charter review committee, 1 shall be a community member appointed by the mayor, 1 shall be a 918 community member appointed by the city council, and 1 shall be the city auditor. In addition, any other 919 representation deemed necessary by the mayor and the city council may be jointly appointed. 920 The committee shall elect a chair and establish the schedule of its meetings. The committee shall be 921 provided with an initial budget of at least $25,000 for its expenses, including hiring of consultants as 922 required to assist with the examination and analysis. 923 The committee shall submit a report to the city council and they shall respond to and vote on the 924 recommendations within 90 days of receipt. 925 (e) PARTICIPATORY BUDGETING STUDY COMMITTEE 926 Within 6 months of the adoption of this charter, the city council shall create a participatory budgeting 927 committee to study participatory budgeting and related participatory mechanisms and prepare 928 recommendations with the goal of increasing resident participation in city government. The directive of 929 this study committee is to consider a full range of options as practicable, provide analysis on the potential 930 benefits and barriers of each option, review the results of previous participatory budgeting programs, and 931 consider which are the best fit for the city. If the city council has already taken action consistent with this 932 provision, no action is necessary. 933 The committee shall consist of 79 members: 1 shall be the director of finance or their designee, 1 shall be 934 the city council president or their designee, 1 shall be the chair of the school committee or their designee, 935 2 shall be community members appointed by the city council, 2 shall be community members appointed 936 by the school committee, and 2 shall be community members appointed by the mayor. The committee 937 Commented [BS34]: Analyst recommendation Commented [BS35]: Council request

46 FINAL DRAFT 7/14 shall elect a chair and establish the schedule of its meetings. 938 The committee shall issue recommendations to the city council within 12 months of creation. The city 939 council shall take action on the recommendations within 90 days of receipt. 940