05.25.23 CC Amended Charter Text — File 23-0916

Proposed Somerville Charter Text

1 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

2 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

3 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 “General Laws”, the Massachusetts General Laws. 51 “Majority vote”, a majority of the present and voting members of a body, unless otherwise provided for 52 by law or by the body’s own rules. Provided, however, that General Laws related to any vote to meet in 53 executive session shall always require a majority of the full multiple member body. 54 “Measure”, any ordinance, order, other vote or proceeding adopted, or proposed to be adopted, by the city 55 council or the school committee. 56

4 “Multiple member body”, any council, commission, committee, subcommittee or other body consisting of 57 2 or more persons, whether elected, appointed or otherwise constituted, but not including the city council 58 or its committees, the school committee or its subcommittees or an advisory committee or task force 59 established by the mayor or city council. 60 “Municipal voter”, anyone who is eligible to vote in a municipal election pursuant to this charter. 61 “Organization or reorganization plan”, a plan submitted by the mayor to the city council which proposes: 62 (i) a change in the organization or the administrative structure of the city administration or organization; 63 or (ii) a change in the way in which municipal services are delivered. 64 “Post”, make available publicly on the city website, at city hall, in a local newspaper and as otherwise 65 may be required by law. For the purposes of this definition, a local newspaper shall be a newspaper of 66 general circulation within the city, with either weekly or daily circulation. The city council president may, 67 from time to time, select a local newspaper for posting according to a procedure that shall be set forth in 68 the rules of the city council. 69 “Quorum”, a majority of all voting members of a multiple member body unless some other number is 70 established by law or by ordinance. 71 “Statewide voter”, anyone who is eligible to vote pursuant to state and federal law. 72 “Year”, a calendar year, unless otherwise specified. 73

5 ARTICLE 2 74 LEGISLATIVE BRANCH 75 SECTION 2-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 76 (a) Composition - There shall be a city council consisting of 11 members which shall exercise the 77 legislative powers of the city. Four of these members, to be known as councilors at-large, shall be 78 nominated and elected by the municipal voters at large. Seven of these members, to be known as ward 79 councilors, shall be nominated from and elected by the municipal voters in each ward, with 1 ward 80 councilor to be elected from each of the 7 wards into which the city is divided under section 7-7. 81 (b) Term of Office - The term of office for councilors shall be 2 years each, beginning on the first 82 business day in January following the municipal election. 83 (c) Eligibility - Any statewide voter in the city shall be eligible to hold the office of councilor at-large. 84 Any statewide voter in the ward from which election is sought shall be eligible to hold the office of ward 85 councilor. If the city council determines that a ward councilor or a councilor at-large has removed from 86 the city during the councilor’s term, that office shall immediately be deemed vacant and filled in the 87 manner provided in section 2-12. A ward councilor who removes from the ward in which the councilor 88 was elected and who remains a municipal voter of the city may continue to serve the balance of the term 89 to which elected. 90 SECTION 2-2: PROHIBITIONS 91 (a) Holding Other City Position – Except as otherwise provided by this charter, a member of the city 92 council shall hold no other compensated city position. A former member of the city council shall not hold 93 any compensated appointed city position for 1 year after termination of their service on the city council, 94 unless approved by affirmative vote of 8 members of the city council. This section shall not prevent a city 95 employee who vacated a position to serve as a member of the city council from returning to the same 96 position upon the expiration of the term for which that person was elected. 97

6 (b) Interference with Administration - The city council or any member of the city council shall not give 98 orders or directions to any employee of the city appointed by the mayor, either publicly or privately. 99 SECTION 2-3: COMPENSATION 100 The members of the city council shall receive compensation for their services as set by ordinance. An 101 ordinance increasing or reducing the compensation of the members of the city council shall not be 102 effective unless: 103 (1) it is adopted by affirmative vote of 8 members of the city council; 104 (2) it is adopted prior to the last 6 months of the council’s term; and 105 (3) it provides that the compensation increase or reduction is to take effect upon the organization of the 106 city government following the next regular city election. 107 SECTION 2-4: GENERAL POWERS 108 Except as otherwise provided by the General Laws or by this charter, all powers of the city shall be vested 109 in the city council which shall provide for the performance of all duties and obligations imposed upon the 110 city by law. 111 SECTION 2-5: EXERCISE OF POWERS; QUORUM; RULES 112 (a) Exercise of Powers - Except as otherwise provided by General Laws or by this charter, the legislative 113 powers of the city council may be exercised in a manner determined by the city council. 114 (b) Quorum - Once a quorum is present, majority vote shall be required to adopt any ordinance, except as 115 otherwise provided by General Laws or by this charter. 116 (c) Rules of Procedure - The city council shall adopt rules regulating the procedures of the city council, 117 which shall be subject to adoption, amendment or repeal by vote of the city council. 118 (d) Meetings - Regular meetings of the city council shall be held at a time and place fixed by ordinance. 119 Special meetings of the city council shall be held at the call of the president or at the call of any 6 or more 120 members, for any purpose. Except in an emergency as declared by the city council president, notice of the 121

7 meeting shall be delivered to each member at least 2 business days in advance of the time set and shall 122 specify the date, time, location and purpose for which the meeting is to be held. A copy of each notice 123 shall immediately be posted. 124 (1) All sessions of the city council and every city council committee or subcommittee shall, at all times, 125 be open to the public, unless otherwise specified by law. 126 (2) A full, accurate, up-to-date account of the proceedings of the city council shall be maintained by the 127 city clerk, which shall include a record of each vote taken and be made available with reasonable 128 promptness following each meeting. Executive session minutes shall be made available as soon as 129 publication of the minutes would not defeat the purpose of the executive session, unless otherwise 130 provided by law. 131 SECTION 2-6: ELECTION, TERM, AND POWERS OF CITY COUNCIL PRESIDENT AND VICE- 132 PRESIDENT 133 (a) Election and Term - As soon as practicable after the councilors-elect have been qualified following 134 each regular city election, as provided in section 7-4, the city council shall elect from among its members 135 a president and vice-president who shall serve for 1-year terms. The member of the council with the most 136 years of service shall preside at the election. If 2 or more members have the same term of service the 137 councilor with the last name that is first in alphabetical order from among the councilors shall preside. 138 The conduct of all elections of the city council president and vice-president shall otherwise be prescribed 139 within the rules of the city council. 140 (b) Powers and Duties - The president shall have the following powers and duties: 141 (1) determine the agenda for city council meetings; 142 (2) preside at all meetings of the city council, regulate its proceedings, and decide all questions of order, 143 provided, however, that the vice-president shall preside in the absence of the president; 144 (3) appoint all members of committees of the city council, whether special or standing; 145

8 (4) have the same powers to vote upon measures coming before the city council as any other member of 146 the city council; and 147 (5) perform any other duties consistent with the office that are established by this charter, ordinance or 148 other vote of the city council. 149 SECTION 2-7: APPOINTMENTS OF THE CITY COUNCIL 150 (a) City Clerk – The city council shall appoint a city clerk to serve at the pleasure of the city council and 151 until a successor is chosen and qualified. The city clerk shall have the powers and duties relating to the 152 keeping of records and vital statistics, the issuance of licenses as are provided to city clerks by the 153 General Laws and such additional powers and duties as may be provided by law or by other vote of the 154 city council. 155 (b) Advisory Legal Counsel - Subject to appropriation, the city council may secure legal services, when 156 needed, to seek a secondary legal opinion. The city council shall make a reasonable request for legal 157 services, and that request shall not be unreasonably denied by the mayor. The city solicitor and any 158 advisory legal counsel shall consult to the extent practicable prior to the release of any secondary opinion. 159 The legal services provided to the council shall not include representation of the council or any councilor 160 in any litigation, or the issuance of formal legal opinions on behalf of the city. The city solicitor shall 161 remain the only authorized officer of the city in all legal matters involving the city’s government. 162 (c) Other Staff - Subject to appropriation, the city council may employ staff as it deems necessary. 163 (d) Removals and Suspensions of City Council Staff – City council appointments may be removed at the 164 sole discretion of the city council subject to limitations and requirements imposed by federal and state 165 laws, rules or regulations. 166 SECTION 2-8: CITY COUNCIL CONFIRMATION OF CERTAIN APPOINTMENTS 167 (a) Department Heads - The mayor shall refer to the city council for confirmation and simultaneously file 168 with the city clerk the name of each person the mayor has appointed as a department head. These 169 appointments shall become confirmed 30 days from the date of the first regularly scheduled city council 170

9 meeting after the date on which notice of the appointment was filed with the city clerk, unless the city 171 council within said 30 days shall reject the appointment by the affirmative vote of 8 members. However, 172 if no city council meeting is held within the subsequent 30 days of the first meeting, the city council shall 173 instead have 30 days from the second regularly scheduled meeting after the appointment to reject the 174 appointment. The city council shall not unreasonably reject an appointment and shall accompany a 175 rejection with a written statement describing the reason, which shall be delivered to and placed on file 176 with the city clerk within 30 days of filing. The question on rejection of any appointment made by the 177 mayor shall not be subject to the procedure of charter objection provided in section 2-9(b) of this charter. 178 (b) Multiple Member Bodies - The mayor shall refer to the city council and simultaneously file with the 179 city clerk the name of each person the mayor desires to appoint as a member of a multiple member body. 180 The city council shall have 60 days after the date on which notice of the proposed appointment was filed 181 with the city clerk to vote to approve or reject the appointment, with approval not to be unreasonably 182 withheld. If the city council does not take action on the appointment within 60 days the appointment shall 183 be deemed approved. Multiple member body members may be removed at the discretion of their 184 appointing authority subject to limitations and requirements imposed by federal and state laws, rules or 185 regulations. 186 (1) In the event of a vacancy on a multiple member body where the seat has remained vacant in excess of 187 1 year and the mayor has not referred to the city council any proposed appointees to fill the vacancy, the 188 city council president may present to the mayor the names of no more than 3 individuals as 189 recommendations for appointment. The procedure for selecting names for presentation to the mayor shall 190 be established within the rules of the city council. 191 (2) The mayor shall twice annually, in February and August, post a complete list of the vacancies within 192 all multiple member bodies, as well as the procedures for individuals to apply to become a member of 193 those bodies. This posting shall be in addition to, and not a substitute for, regular posting for the purpose 194 of filling vacancies as they arise. 195

10 (c) Constables - The mayor shall refer to the city council and simultaneously file with the city clerk the 196 name of each person the mayor desires to appoint as a constable within the city. The city council shall not 197 unreasonably withhold confirmation of appointments and shall accompany a rejection with a written 198 statement describing the reason, which shall be delivered to and placed on file with the city clerk within 199 30 days of that rejection. Constables shall serve for a term of 3 years, and submission for reappointment 200 shall be made at least 60 days prior to the expiration of a constable’s term. The question on confirmation 201 of any appointment submitted by the mayor shall not be subject to the procedure of charter objection 202 provided in section 2-9(b) of this charter. 203 (d) Civil Service Employees - The mayor shall refer to the city council and simultaneously file with the 204 city clerk the name of each person the mayor desires to appoint as a member or officer of the police 205 department or the fire department. The city council shall not unreasonably withhold confirmation of 206 appointments, shall adhere to any merit principles identified in applicable law, including, but not limited 207 to applicable civil service law, and shall accompany a rejection with a written statement describing the 208 reason, which shall be delivered to and placed on file with the city clerk within 30 days of that rejection. 209 The question on confirmation of any appointment submitted by the mayor shall not be subject to the 210 procedure of charter objection provided in section 2-9(b) of this charter. 211 SECTION 2-9: ORDINANCES AND OTHER MEASURES 212 (a) Measures - Every adopted measure shall become effective at the expiration of 10 days after adoption 213 or upon the signature of the mayor, whichever occurs first, unless the ordinance or this charter provides 214 otherwise. An ordinance shall not be amended or repealed except by another ordinance adopted in 215 accordance with this charter. 216 (b) Charter Objection - On the first occasion that the question on adoption of a measure is put to the city 217 council, a single member may object to the taking of the vote and postpone the vote until the next meeting 218 of the city council, whether regular or special. If 2 or more members object, the vote shall be postponed 219 until the next regular meeting. This procedure shall not be used more than once for any specific matter 220

11 regardless of whether it has been amended. A charter objection shall have privilege over all motions 221 provided, however, that it shall be raised prior to or at the call for a vote by the presiding officer and all 222 debate shall cease. 223 SECTION 2-10: ACCESS TO INFORMATION 224 (a) In General - The city council may make investigations into the affairs of the city and into the conduct 225 and performance of any city agency. Absent compelling circumstances or an emergency which shall be 226 declared on record and noted in the city council minutes, the city council shall give a minimum of 14 227 days’ notice to a person it may require to appear before it under this section. In circumstances involving 228 compelling circumstances or emergency, 7 days’ notice shall be allowed. The notice shall include specific 229 questions on which the city council seeks information and any person called to appear before the city 230 council under this section shall not be required to respond to any question not relevant or related to those 231 questions presented in advance and in writing. The mayor shall receive a copy of any notice issued under 232 this section at the same time as the person who is requested to appear before the council. Majority vote of 233 the city council shall be required to issue notice under this section. 234 (b) Department Head - The city council may require, by majority vote, specific information from a 235 department head or their designee on any matter related to the municipal services, functions and powers 236 or duties which are within the scope of responsibility of that person. The department head or their 237 designee shall not be required to answer questions relating to any other matter outside the scope of the 238 matter noticed. 239 (c) Mayor - The city council may request, by majority vote, specific information from the mayor on any 240 municipal matter. The mayor or their designee shall appear before the city council and respond to the 241 questions. The mayor or their designee shall not be required to answer questions relating to any other 242 matter. The mayor may bring to this meeting any assistant, department head or other city officer or 243 employee that the mayor may consider necessary to assist in responding to the questions posed by the city 244 council. 245

12 SECTION 2-11: GROUP PETITIONS 246 The city council shall hold a public hearing and act with respect to every petition which is addressed to it 247 and which is signed by at least 50 municipal voters as certified by the board of election commissioners. 248 The hearing shall be held by the city council or by a committee or subcommittee thereof, and the city 249 council shall act on the petition within 3 months of filing with the city clerk. Hearings on 2 or more 250 petitions filed under this section may be held at the same time and place. At least 14 days before the 251 hearing, the city clerk shall notify the 10 petitioners whose names first appear on each petition, publish a 252 general summary of the subject matter of the petition, and post notice of the date and time of the public 253 hearing. A hearing shall not be held upon any subject more than once in a 12-month period, as determined 254 by the city council president. 255 SECTION 2-12: FILLING OF VACANCIES 256 (a) Councilor At-Large – Whenever a vacancy occurs in the office of councilor at-large the process for 257 filling of the vacancy shall be determined by the number of days remaining until the next municipal 258 election. In all occurrences of a vacancy, the city clerk shall notify the city council and the chairperson of 259 the board of election commissioners of the vacancy within 7 days. Within 7 days after notification, the 260 chairperson of the board of election commissioners or a designee shall certify, in writing, to the city clerk 261 that the defeated candidate for the office of councilor at-large with the next highest number of votes at the 262 municipal election at which councilors at-large were elected for the term in which the vacancy occurs 263 shall serve as councilor at-large. If the person is eligible and willing to serve, the city clerk shall 264 administer the oath of office to the person within 15 days after certification and the person shall serve. If 265 the person who is eligible declines the office, is not eligible and willing to serve, or fails to take the oath 266 of office within the time period set forth in this section, then the person with the next highest number of 267 votes at the election who is eligible and willing to serve shall serve. 268 If a vacancy occurs: 269

13 (1) More than 180 days until the next municipal election, the next highest candidate serves the remainder 270 of the unexpired term. If there is no defeated candidate eligible and willing to serve who has taken the 271 oath of office, there shall be a special election. 272 (2) Less than or equal to 180 days prior to any regular municipal election in the office of councilor at- 273 large, the next highest candidate serves until the next municipal election. If there is no eligible and willing 274 candidate from the most recent municipal election, then the seat remains vacant until the next regular 275 municipal election. The person elected shall fill the vacancy for the remainder of the unexpired term and 276 the term to which elected. The city clerk shall administer the oath of office to them at the next meeting of 277 the city council. 278 (b) Ward Councilor - If a vacancy occurs in the office of ward councilor more than 180 days prior to any 279 regular municipal election, the city council shall immediately order a special election to fill the vacancy 280 for the remainder of the unexpired term. If a vacancy occurs 180 days or less prior to any regular 281 municipal election, the seat shall remain vacant until the next regular municipal election for the office and 282 the person elected shall fill the vacancy for the remainder of the unexpired term and the term to which 283 elected. The city clerk shall administer the oath of office to the person at the next meeting of the city 284 council. 285

14 ARTICLE 3 286 EXECUTIVE BRANCH 287 SECTION 3-1: MAYOR: ROLE; TERM OF OFFICE; ELIGIBILITY 288 (a) Role – The chief executive officer of the city shall be a mayor, elected by the municipal voters of the 289 city at large. The role of mayor shall be a full-time position. 290 (b) Term of Office – The term of office for mayor shall be two years, beginning on the first business day 291 in January following the municipal election. 292 (c) Eligibility – Any statewide voter in Somerville shall be eligible to hold the office of mayor. 293 SECTION 3-2: PROHIBITIONS 294 The mayor shall not hold another compensated city position or other elected public office. A former 295 mayor shall not hold a compensated appointed city office or city employment for 1 year after termination 296 of their service as the mayor. Any former mayor shall not receive compensation for contracted work 297 authorized during their tenure as the mayor, provided, however, that they may be compensated for limited 298 hours advising the incoming mayor. This subsection shall not prevent a city officer or other city employee 299 who has vacated a position to serve as the mayor from returning to the same office or other position of 300 city employment held when the position was vacated. This prohibition shall not apply to persons covered 301 by a leave of absence under section 37 of chapter 31 of the General Laws. 302 SECTION 3-3: COMPENSATION 303 The mayor shall receive compensation for their services as set by the city council by ordinance. An 304 ordinance increasing or reducing the compensation of the mayor shall not be effective unless: 305 (1) it is adopted by affirmative vote of 8 members of the city council; 306 (2) it is adopted prior to the last 6 months of the mayor’s term; and 307 (3) it provides that the compensation increase or reduction is to take effect upon the organization of the 308 city government following the next regular city election. 309

15 SECTION 3-4: EXECUTIVE POWERS 310 (a) Executive Powers - The executive powers of the city shall be vested solely in the mayor and may be 311 exercised by the mayor either personally or through the city agencies under the general supervision and 312 control of the office of the mayor. The mayor shall cause this charter, laws, ordinances and other orders of 313 the city government to be enforced and shall cause a record of all official acts of the executive branch of 314 the city government to be kept. The mayor shall supervise, direct, and be responsible for the efficient 315 administration of all city activities and functions placed under the control of the mayor by law or by this 316 charter. 317 (b) Supervision of City Agencies - The mayor shall exercise general supervision and direction over all 318 city agencies, unless otherwise provided by law or by this charter. Each city agency shall furnish to the 319 mayor any information or materials the mayor may request and as the needs of the office of mayor and 320 the interest of the city may require. The mayor shall be responsible for the efficient and effective 321 coordination of the activities of all city agencies and may call together for consultation, conference and 322 discussion, at reasonable times, all persons serving the city. 323 (c) Multiple Member Bodies - The mayor shall be, by virtue of the office, an ex officio member of every 324 appointed multiple member body of the city. The mayor may, as an ex officio member, attend any 325 meeting of an appointed multiple member body of the city, including executive sessions, to participate in 326 the discussions of that body, provided, however, that they shall not have the right to vote. 327 SECTION 3-5: APPOINTMENTS BY THE MAYOR 328 (a) Department Heads - The mayor shall appoint, subject to review by the city council under section 2- 329 8(a), all department heads for whom no other method of appointment or selection is provided by this 330 charter. Department heads serve at the discretion of the mayor subject to the limitations and requirements 331 imposed by federal and state laws, rules, or regulations. 332 (b) City Attorney - The city attorney shall be appointed by the mayor, subject to review by the city 333 council under section 2-8(a). Within 30 days of the beginning of a new mayoral term, the mayor shall 334

16 submit a city attorney for confirmation or reconfirmation in the same manner as a new appointment under 335 section 2-8(a). 336 (c) Multiple Member Bodies - The mayor shall appoint, subject to confirmation by the city council under 337 section 2-8(b), all members of multiple member bodies for whom no other method of appointment or 338 selection is provided by administrative order or General Laws. All members shall serve terms as defined 339 by administrative order or General Laws. 340 (d) Civil Service Employees - The mayor may appoint, subject to confirmation, members and officers of 341 the police department and fire department. 342 (e) City Employees - The method of appointment for all other city employees shall be prescribed by 343 administrative order. 344 SECTION 3-6: APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER 345 The mayor shall appoint a chief administrative officer to coordinate and direct the operations and 346 functions of municipal government. The chief administrative officer shall be appointed by the mayor, 347 subject to review by the city council under section 2-8(a). The appointee shall be chosen on the basis of 348 appropriate administrative and executive qualifications and shall have a combination of experience, 349 training, or education to perform the duties of the office. Within 30 days of the beginning of a new 350 mayoral term, the mayor shall submit a chief administrative officer for confirmation or reconfirmation in 351 the same manner as a new appointment under section 2-8(a). 352 SECTION 3-7: TEMPORARY APPOINTMENTS TO CITY OFFICES 353 Whenever a temporary or permanent vacancy occurs in a city office that is appointed under section 3- 354 5(a), the mayor may designate a person to perform the duties of the office on a temporary basis for up to 355 150 days until the position can be filled as provided by law or by this charter. Persons serving as 356 temporary officers under this section shall have only those powers that are indispensable and essential to 357 the performance of the duties of the office during the period of temporary appointment and no others. 358

17 (a) Filing of a Temporary Appointment - When the mayor designates a person under this section, the 359 mayor shall file a certificate with the city clerk in substantially the following form: 360 “I designate [name of person] to perform the duties of the office of [office in which 361 vacancy exists] on a temporary basis until the office can be filled by [the regular 362 procedure for filling the vacancy or when the incumbent shall return]. I certify that this 363 person is qualified to perform the duties which will be required and that I make this 364 designation solely in the interests of the City of Somerville.” 365 (b) Extension of Temporary Appointments - If an extension of a temporary appointment is necessary, the 366 mayor may seek extensions in 60-day increments, which shall be authorized by a majority vote of the city 367 council. If an extension is not approved, the position shall be deemed vacant. 368 SECTION 3-8: TEMPORARY APPOINTMENTS TO MULTIPLE MEMBER BODIES 369 Whenever a temporary or permanent vacancy occurs on a multiple member body that is appointed under 370 section 3-5(b), the mayor may designate a person to perform the duties of the office on a temporary basis 371 for up to 150 days until the position can be filled as provided by law or by this charter. If an extension of 372 a temporary appointment is necessary, the mayor may seek extensions in 60-day increments, which shall 373 be authorized by a majority vote of the city council. If an extension is not approved, the position shall be 374 deemed vacant, except on multiple member bodies where the vacancy would prevent a quorum. In that 375 instance, a temporary appointment shall be permitted to remain until a successor is qualified, provided, 376 however, that the authority of the temporary appointment shall be limited to matters where failure to act 377 by the multiple member body may have adverse consequences to the City. 378 SECTION 3-9: APPROVAL OF MAYOR, VETO 379 Every ordinance or other measure as required by law adopted or passed by the city council, except any 380 matters relating to the internal affairs of the city council, shall be presented to the mayor for approval. If 381 the mayor approves the measure, the mayor shall sign it. If the mayor disapproves the measure, the mayor 382 shall return it to the city council with the specific reason for disapproval attached in writing. The city 383

18 council shall enter the objections of the mayor on its records and reconsider the measure at the subsequent 384 regular meeting. If the city council, regardless of the disapproval by the mayor, shall again pass the 385 identical measure by affirmative vote of 8 members of the city council, it shall then be deemed in force. If 386 the mayor has neither signed a measure nor returned it to the city council within 10 days following the 387 date it was presented to the mayor, the measure shall be deemed approved and in force. 388 SECTION 3-10: COMMUNICATIONS; SPECIAL MEETINGS 389 (a) Communications to the City Council - The mayor shall, by written communication: (1) recommend to 390 the city council for its consideration measures as the needs of the city require; and (2) keep the city 391 council fully informed of the financial and administrative condition of the city and shall specifically 392 indicate any fiscal, financial, or administrative issues facing the city. 393 (b) Special Meetings of the City Council - The mayor may call a special meeting of the city council for 394 any purpose. Unless the mayor designates an emergency, notice of the meeting shall be delivered at least 395 2 business days in advance of the time set and shall specify the date, time and location of the meeting and 396 the purpose for which the meeting is to be held. A copy of the notice shall be posted immediately. 397 SECTION 3-11: TEMPORARY ABSENCE OF THE MAYOR 398 (a) Acting Mayor – Whenever the mayor is unable to perform the duties of the office, the president of the 399 city council shall be the acting mayor. In the event that the city council president is unable to serve as 400 acting mayor under this section, the city council shall elect a councilor to serve as acting mayor from 401 among its membership. The city council, by the affirmative vote of 8 members, shall determine whether 402 the mayor is unable to perform the duties of the office. Notwithstanding any general or special law to the 403 contrary, the vote shall be taken in public session by a roll call vote. 404 (b) Powers of Acting Mayor – The acting mayor shall have only those powers of the mayor that are 405 indispensable and essential to conduct the business of the city and on which action may not be delayed. 406 The acting mayor shall have no authority to make a permanent appointment or removal from city service 407 unless the absence of the mayor shall extend beyond 60 days, nor shall the acting mayor approve or 408

19 disapprove of any measure adopted by the city council unless the time within which the mayor must act 409 would expire before the return of the mayor. The city council president or another councilor serving as 410 acting mayor shall not vote as a member of the city council. 411 SECTION 3-12: DELEGATION OF AUTHORITY BY MAYOR 412 The mayor may authorize and subsequently remove authorization from a subordinate officer or employee 413 of the city to exercise or perform a power, function, or duty of the office of the mayor, provided, however, 414 that all acts performed under any delegation of authority during the period of authorization shall be and 415 remain the acts of the mayor. Nothing in this section shall be construed to authorize the mayor to delegate 416 the powers and duties of a school committee member, the power of appointment to city office or 417 employment, or to sign or return measures approved by the city council unless the provisions of section 3- 418 11 apply. 419 SECTION 3-13: FILLING OF PERMANENT VACANCY 420 Whenever a permanent vacancy occurs in the office of mayor by death, removal, resignation, or any other 421 reason, the process for filling of the vacancy shall be determined by the month of the mayoral term in 422 which the vacancy occurs. Following an election to fill a mayoral vacancy, the winning candidate shall 423 start immediately and serve the remaining unexpired term. 424 (a) If a vacancy occurs within the 6 months preceding a regular city election the position shall be filled by 425 vote at that election. Otherwise, the city council shall call a special election to be held within 90 days 426 following the date of the vacancy. 427 (b) The city council president shall serve as the acting mayor in all cases until the vacancy is filled. In the 428 event that the city council president is unable to serve as the acting mayor under this section, the city 429 council shall elect a councilor to serve as the acting mayor from among its membership. If the councilor 430 serving as the acting mayor under this section chooses to run for mayor, they shall not be entitled to have 431 the words “candidate for reelection” printed with that person’s name on the subsequent election ballot. 432

20 Any person serving as the mayor under this section shall receive the compensation then in effect for the 433 position of mayor and shall not vote as a member of the city council. 434

21 ARTICLE 4 435 SCHOOL COMMITTEE 436 SECTION 4-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY 437 (a) Composition – There shall be a school committee consisting of 9 members. Seven members shall be 438 nominated and elected by the municipal voters of the city, 1 member elected from each ward. The mayor 439 and the president of the city council shall serve, ex officio, with the same powers and duties as other 440 school committee members, provided, however, that neither shall serve as chair. 441 (b) Term of Office – The term for the school committee shall be 2 years, beginning on the first business 442 day in January following the municipal election. 443 (c) Eligibility – Any statewide voter in the ward from which election is sought shall be eligible to hold the 444 office of school committee member. If a school committee member removes from the city during the 445 committee member’s term, that office shall immediately be deemed vacant and filled in the manner 446 provided in section 4-6. If a school committee member removes to another ward in the city, the member 447 may continue to serve for the balance of the term to which elected. 448 SECTION 4-2: PROHIBITIONS 449 A member of the school committee elected by ward shall not hold any other compensated city position. A 450 former member of the school committee elected by ward shall not hold any compensated appointed city 451 office or city employment for 1 year after termination of their service on the school committee. This 452 section shall not prevent a city officer or other city employee who has vacated a position in order to serve 453 as a member of the school committee elected by ward from returning to the same office or other position 454 of city employment held at the time the position was vacated. 455

22 SECTION 4-3: COMPENSATION 456 Members of the school committee shall receive compensation for their services as set by ordinance by the 457 city council. An ordinance increasing or reducing the compensation of the members of the school 458 committee shall not be effective unless: 459 (1) it is adopted by affirmative vote of 8 members of the city council; 460 (2) it is adopted prior to the last 6 months of the school committee’s term; and 461 (3) it provides that the compensation increase or reduction is to take effect upon the organization of the 462 city government following the next regular city election. 463 SECTION 4-4: SCHOOL COMMITTEE RULES AND PROCEDURES 464 School committee officers and procedures shall be determined by the school committee. 465 SECTION 4-5: SCHOOL COMMITTEE POWERS AND DUTIES 466 The school committee shall have all powers which are conferred on school committees by the General 467 Laws and the additional powers and duties provided by this charter, including but not limited to: 468 (1) selecting and removing a superintendent of the schools who shall be charged with the administration 469 of the school system, and all other personnel as provided by the General Laws; 470 (2) making all policies for the management of the public school system and for conducting the business of 471 the school committee as deemed necessary or desirable; 472 (3) adopting and overseeing the administration of an annual operating budget for the school department, 473 subject to appropriation; 474 (4) providing ordinary maintenance of all school buildings and grounds, unless a central municipal 475 maintenance department, which may include maintenance of school buildings and grounds, is established; 476 and 477 (5) at least 1 member of the school committee, or a designee of the school committee, shall serve on the 478 agency, board, or committee for the planning or construction of a new, remodeled, or renovated school 479 building. 480

23 SECTION 4-6: FILLING OF VACANCIES 481 If a vacancy on the school committee occurs with 1 year or more remaining in the term, the city council 482 shall order a special election to fill the vacancy. If a vacancy on the school committee occurs with less 483 than 1 year before the end of the term but more than 120 days before any regular municipal election, the 484 school committee shall appoint a replacement to serve for the remainder of the term from the qualified 485 statewide voters of the ward. The school committee shall post notice of the vacancy and solicitation of 486 nominations and appoint the replacement in accordance with school committee policy. If a vacancy 487 occurs within 120 days of a regular municipal election, the vacancy shall be filled by the regular election 488 and the newly elected school committee member’s term shall begin following the certification of election 489 results. The person elected shall be sworn to office to fill the vacancy for the balance of the unexpired 490 term as well as the term to which elected. The city clerk shall administer the oath of office to them on or 491 before the next meeting of the school committee. 492

24 ARTICLE 5 493 ADMINISTRATIVE ORGANIZATION 494 SECTION 5-1: ORGANIZATION OF CITY AGENCIES 495 The organization of the city into agencies to provide services and administer the government may be 496 accomplished only through an administrative order submitted to the city council by the mayor. An 497 administrative order may not originate with the city council. The mayor may, subject only to express 498 prohibitions of General Laws or this charter, propose administrative orders to establish a new agency, 499 reorganize, consolidate or abolish any agency, in whole or in part, as is deemed necessary to conduct the 500 business of the city in an orderly, efficient or convenient manner. The mayor may also propose 501 administrative orders to establish terms of office and prescribe the functions and administrative 502 procedures to be followed by all agencies. 503 These proposed administrative orders shall be accompanied by a message from the mayor which explains 504 the expected benefits and advises the city council if an administrative order shall require amendments, 505 insertions, revisions, repeal, or otherwise of existing ordinances. Whenever the mayor proposes an 506 administrative order, the city council shall hold 1 or more public hearings on the proposal and post notice. 507 An organization or reorganization plan shall become effective at the expiration of 60 days from filing, 508 unless the city council has disapproved the plan by majority vote prior to that date. Provided, however, 509 that if no regular city council meeting is held within the subsequent 60 days of the first regular meeting 510 after the filing of an organization or reorganization plan, the city council shall instead have 60 days from 511 the second regular meeting. The city council may vote only to approve or to disapprove the plan and may 512 not vote to amend or to alter it. 513 SECTION 5-2: QUALIFICATIONS FOR APPOINTMENTS AND PROMOTIONS 514 All appointments and promotions of city officers and other city employees shall be made on the basis of 515 fitness demonstrated by examination, past performance, or by other evidence of competence and 516

25 suitability. Each person appointed to fill an office or position shall be a person who has the experience, 517 training, or education to perform the duties of the office or position. 518 SECTION 5-3: COMPENSATION OF CITY EMPLOYEES 519 The mayor and city council shall provide for a review to be made of all municipal employee 520 compensation at 5-year intervals to examine whether compensation reflects principles of equity and to the 521 greatest extent possible is sufficient for municipal employees to live in the city. This review shall be made 522 by a special committee to be established by ordinance, and the initial review shall be implemented as 523 provided in section 9-7(b). The special committee shall receive a budget sufficient to hire qualified 524 consultants and any other resources necessary to undertake a thorough review. The special committee 525 shall file its report with the city clerk on a date specified by ordinance. This report shall include an 526 analysis of the current pay and compensation structure with recommendations for adjustments to that 527 structure, taking into consideration the city’s current and expected financial situation and the impact of 528 the recommendations on the budget. The review of compensation shall be under the supervision of the 529 chief administrative officer. 530

26 ARTICLE 6 531 FINANCIAL PROCEDURES 532 SECTION 6-1: FISCAL YEAR 533 The fiscal year of the city shall begin on July 1 and end on June 30, unless another period is required by 534 the General Laws. 535 SECTION 6-2: COMMUNITY AND COUNCIL BUDGET INPUT 536 The city council shall hold a community budget hearing on or before February 15 of each year in order to 537 solicit public input regarding budget priorities. The city council shall post notice of the community budget 538 hearing 14 days in advance of the hearing. The mayor shall, at the first regular meeting of the city council 539 of each year, solicit budget priorities from all city councilors. 540 SECTION 6-3: ANNUAL BUDGET MEETING 541 On or before November 1 of each year, the mayor shall call a joint meeting of the city council and school 542 committee, including the superintendent of schools, to review the financial condition of the city, revenue 543 and expenditure forecasts for at least 3 years and other relevant information prepared by the mayor in 544 order to develop a coordinated budget. 545 SECTION 6-4: SUBMISSION OF OPERATING BUDGET; BUDGET MESSAGE 546 On or about May 15, the mayor shall submit to the city council a proposed operating budget for all city 547 agencies for the next fiscal year. The proposed operating budget shall include the school budget, as 548 adopted by the school committee, which shall be submitted to the mayor on or about May 1. The 549 proposed operating budget shall be accompanied by a budget message and supporting documents. The 550 budget message shall explain the operating budget in fiscal terms and in terms of work programs for all 551 city agencies. It shall outline the proposed fiscal policies of the city for the next fiscal year, describe 552 important features of the proposed operating budget and include any major variations from the current 553 operating budget, fiscal policies, revenues and expenditures together with reasons for these changes. The 554

27 proposed operating budget shall provide a complete fiscal plan of all city funds and activities and shall be 555 in the form the mayor deems desirable, provided, however, that the budget proposals relative to elected 556 officials shall identify the cost of compensation and the cost of benefits for those officials. The mayor and 557 the superintendent of schools shall coordinate the dates and times of the school committee's budget 558 process under the General Laws. 559 SECTION 6-5: ACTION ON THE OPERATING BUDGET 560 (a) Public Hearing - The city council shall post a notice of the proposed operating budget as submitted by 561 the mayor. The notice shall state: (1) the times and places where copies of the entire proposed operating 562 budget are available for inspection by the public; and (2) the date, time and place when a public hearing 563 on the proposed operating budget shall be held by the city council, at least 7 days after posting of the 564 notice. The city council shall not act on the budget until after the public hearing has occurred. 565 (b) Adoption of the Budget - The city council shall adopt the proposed operating budget, which may have 566 amendments, before the end of the fiscal year. In amending the proposed operating budget, the city 567 council may delete or decrease amounts except expenditures required by law, provided, however, that the 568 city council shall not increase any specific item or the total of the proposed operating budget except on 569 the recommendation of the mayor or unless otherwise authorized by the General Laws. If the city council 570 fails to act on an item in the proposed operating budget prior to the beginning of the fiscal year, that 571 amount shall, without any action by the city council, become a part of the appropriations for the year and 572 be available for the purposes specified. 573 (c) Availability of the Operating Budget – In addition to any other posting requirements, immediately 574 after the submission of the proposed budget to the city council, the mayor or their designee shall post the 575 entire budget document on the city website, where it shall remain posted during the city council review 576 process contained in this article. After the enactment of the budget the mayor or their designee shall post 577 the final budget on the city website where it shall remain throughout the fiscal year for which it is in 578

28 effect. The final budget shall reflect any amendments made by the city council and approved by the 579 mayor and shall indicate that it is the final budget. 580 SECTION 6-6: CAPITAL IMPROVEMENT PROGRAM 581 (a) Submission - The mayor shall submit a capital improvement program to the city council on or about 582 October 15 of each year. The mayor shall annually revise the information regarding the capital 583 improvements still pending or in the process of being acquired, improved, or constructed. 584 The capital improvement program shall include: 585 (1) a general summary of its contents; 586 (2) a list of all capital improvements proposed to be undertaken during the next 5 years, with supporting 587 information as to the need for each capital improvement; 588 (3) cost estimates, methods of financing, and recommended time schedules for each improvement; and 589 (4) the estimated annual cost of operating and maintaining each facility and piece of major equipment 590 involved. 591 (b) Public Hearing - The city council shall post a notice stating: (1) the times and places where entire 592 copies of the capital improvements program are available for the public; and, (2) the date, time, and place 593 of a public hearing on the plan to be held by the city council at least 14 days after posting of the notice. 594 (c) Adoption – Following the public hearing, but not later than December 1, the city council shall by 595 resolution adopt or reject the capital improvements program. The adopted program may be amended, 596 provided that each amendment shall be voted on separately, and that an increase in the capital 597 improvements program as submitted shall clearly identify the method of financing to accomplish the 598 proposed increase. 599

29 SECTION 6-7: INDEPENDENT AUDIT 600 The city council shall annually provide for an outside audit of the books and accounts of the city to be 601 conducted by a certified public accountant or a firm of certified public accountants, which has no personal 602 interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The mayor shall annually 603 provide to the city council a sum of money sufficient to satisfy the estimated cost of conducting the audit 604 as presented to the mayor, in writing, by the city council. The award of a contract to audit shall be made 605 by the city council on or before September 15 of each year. The report of the audit shall be filed with the 606 city council not later than March 1 in the year following its award. At least every 5 years, the city council 607 shall conduct a competitive procurement process to retain these auditing services. 608 SECTION 6-8: EXPENDITURES IN EXCESS OF APPROPRIATIONS 609 Except as otherwise provided by law, an official of the city shall not knowingly or intentionally expend in 610 a fiscal year sums in excess of the appropriations, awards, grants or gifts duly made in accordance with 611 law or involve the city in any contract for the future payment of money in excess of these appropriations, 612 awards, grants or gifts. It is the intention of this section that section 31 of chapter 44 of the General Laws 613 shall be strictly enforced. Any official who violates this section shall be personally liable to the city for 614 any amounts so expended to the extent that the city does not recover these amounts from the person to 615 whom the sums were paid. 616

30 ARTICLE 7 617 ELECTIONS 618 SECTION 7-1: ELIGIBILITY TO VOTE IN MUNICIPAL ELECTIONS 619 In addition to individuals eligible to vote pursuant to the General Laws the following individuals may, 620 upon application, have their names entered on a list of municipal voters established by the board of 621 election commissioners for the city and may thereafter vote in any election for municipal offices and 622 municipal ballot questions in accordance with this charter: 623 (1) Any non-citizen residing in the city, who is ineligible to vote due to citizenship status under federal or 624 state law, rule, or regulation, but who is otherwise eligible to vote; and 625 (2) Any 16- and 17-year old residing in the city, who is ineligible to vote due to age under federal or state 626 law, rule, or regulation, but who is otherwise eligible to vote. 627 These municipal voters shall remain eligible to vote in any election for municipal offices and municipal 628 ballot questions in the city for so long as they remain domiciled therein. 629 SECTION 7-2: PRELIMINARY ELECTIONS 630 A preliminary election to nominate candidates for mayor, councilors at-large, ward councilors, and school 631 committee members shall be held on the third Tuesday in September in each odd-numbered year in which 632 the candidates are to be elected. The city clerk may, with the approval of the city council, reschedule the 633 preliminary election to the fourth Tuesday in September to avoid a conflict with any civil or religious 634 holiday. Whenever a special election to fill a vacancy is to be held, a preliminary election shall be 635 conducted, if necessary, 28 days before the date established for the special election. A preliminary 636 election to fill a vacancy in the office of ward councilor or school committee member shall be held only 637 in the ward where there is a vacancy. 638

31 SECTION 7-3: PRELIMINARY ELECTION PROCEDURES 639 (a) Signature Requirements - The number of signatures of municipal voters required to place the name of 640 a candidate on the official ballot to be used at a preliminary election shall be as follows: 641 (1) Mayor - at least 250 certified signatures; 642 (2) At-Large City Councilor - at least 100 certified signatures; 643 (3) Ward City Councilor - at least 50 certified signatures, all of which shall be certified as being from the 644 ward from which election is sought; and 645 (4) School Committee Member – at least 50 certified signatures, all of which shall be certified as being 646 from the ward from which election is sought. 647 (b) Forms - Signatures of municipal voters shall be made on a form prescribed by the board of election 648 commissioners and shall be made available not earlier than April 2 in each city election year. The forms 649 shall be submitted to the board of election commissioners for certification of the names on or before the 650 fourteenth day preceding the date fixed for submission to the city clerk. The forms shall be submitted to 651 the city clerk on or before 5:00 p.m. on the forty-fifth day prior to the declared date of the preliminary 652 election. An individual may appear on the ballot for only 1 office at any preliminary, regular or special 653 city election. 654 (c) Ballot Position - The order in which names of candidates for each office appear on the ballot shall be 655 determined by a drawing conducted by the city clerk at least 40 days before the preliminary election. The 656 drawing shall be open to the public. 657 (d) Determination of Candidates - (1) Offices of Mayor, Ward Councilor, and School Committee - the 658 two candidates who receive the highest number of votes for nomination to each office at the preliminary 659 election shall, except as provided by paragraph 7-3(d)(3), be the candidates for that office. The 660 candidates’ names shall be printed on the official ballot to be used at the regular or special city election at 661 which the office is to be voted upon and an acceptance of a nomination shall not be necessary to its 662 validity. 663

32 (2) Offices of City Councilor At-Large - the 8 people who receive the highest number of votes for 664 nomination to the office shall, except as provided by section 7-3(e), be the candidates for the office. The 665 candidates’ names shall be printed on the official ballot to be used at the regular or special city election at 666 which the office is to be voted upon and an acceptance of a nomination shall not be necessary to its 667 validity. 668 (3) Tied Preliminary - If there is a tie among candidates for the last available ballot position for any given 669 elected office, then all candidates receiving the same number of votes for the office shall be printed on the 670 general election ballot, notwithstanding any other provisions in this charter specifying the number of 671 candidates to be printed on the election ballot. 672 (e) Condition Making Preliminary Unnecessary - If the time for filing statements of candidates to be on 673 the ballot for any preliminary election has expired, and the number of statements filed with the city clerk 674 for an office is not more than 2 for the office of mayor, any ward councilor or school committee member, 675 or 8 for any city councilor at-large, the candidates whose statements have been filed shall be deemed 676 nominated to that office. Those candidates shall be voted on for the office at the regular or special city 677 election. The city clerk shall not print those names on the ballot to be used at the preliminary election and 678 another nomination to the office shall not be made, and a preliminary election shall not be held for the 679 office or offices. 680 SECTION 7-4: REGULAR CITY ELECTION 681 The regular city election shall be held on the Tuesday following the first Monday in November in each 682 odd-numbered year. 683 SECTION 7-5: BALLOT POSITION, REGULAR CITY ELECTION 684 The order in which names of candidates for each office appear on the ballot shall be determined by a 685 drawing conducted by the city clerk not later than 7 days after the certification of the preliminary election 686 results. If there is no preliminary election in advance of the regular city election or a special election, the 687

33 drawing shall be conducted on the Tuesday 6 weeks prior to the election. The drawing shall be open to the 688 public. 689 SECTION 7-6: NON-PARTISAN ELECTIONS 690 All elections for city offices shall be non-partisan and election ballots shall be printed without any party 691 mark, emblem or other political designation. 692 SECTION 7-7: WARDS 693 The territory of the city shall be divided into 7 wards by the city clerk to consist of as nearly an equal 694 number of inhabitants as it is possible to achieve, based on compact and contiguous territory, bounded as 695 far as possible by the center line of known streets or ways or by other well-defined limits. Each ward shall 696 be composed of voting precincts established under the General Laws. The city council shall review these 697 wards to ensure uniformity in the number of inhabitants at least once every 10 years. 698 SECTION 7-8: APPLICATION OF STATE GENERAL LAWS 699 Except as otherwise expressly provided in this charter and authorized by law, all city elections shall be 700 governed by the General Laws relating to the right to vote, the registration of voters, the nomination of 701 candidates, voting places, the conduct of preliminary, regular and special city elections, the submission of 702 charters, charter amendments and other propositions to the voters, the counting of votes, the recounting of 703 votes, and the determination of results. 704

34 ARTICLE 8 705 GENERAL PROVISIONS 706 SECTION 8-1: CHARTER CHANGES 707 This charter may be replaced, revised or amended in accordance with the state constitution or the General 708 Laws. 709 SECTION 8-2: SPECIFIC PROVISION TO PREVAIL 710 To the extent that a specific provision of this charter conflicts with any provision expressed in general 711 terms, the specific provision of this charter shall prevail. 712 SECTION 8-3: RULES AND REGULATIONS 713 A copy of all rules and regulations adopted by a city agency shall be posted to the city website. Unless an 714 emergency exists, as determined by the mayor, a rule or regulation adopted by a city agency shall not 715 become effective until at least 5 days following the date it is posted. This section shall not apply to 716 internal operating protocols and policies enacted by city departments. 717 SECTION 8-4: PERIODIC REVIEW OF CHARTER 718 The mayor and city council shall provide for a review to be made of the city charter at least once every 10 719 years to determine the need, if any, for changes and prepare recommendations addressing such changes. 720 The manner of the review shall be established by ordinance and incorporate opportunities for community 721 input. The report of the committee and accompanying recommendations, if any, shall be filed with the 722 city clerk on a date specified by ordinance. 723 SECTION 8-5: PERIODIC REVIEW OF ORDINANCES 724 The mayor and city council shall provide for a review to be made of some or all of the city ordinances at 725 least once every 10 years determine the need for amendments, if any. The manner of the review shall be 726 established by ordinance. The review of city ordinances shall be under the supervision of the city solicitor 727

35 and incorporate opportunities for community input. The recommendations shall be filed with the city 728 clerk on a date specified by ordinance. 729 SECTION 8-6: PERIODIC REVIEW OF MULTIPLE MEMBER BODIES 730 The mayor and the city council shall provide for a review to be made of all multiple member bodies at 731 least once every 10 years. This review shall be made by a special committee whose membership and term 732 shall be determined by ordinance, and the initial review shall be implemented as provided in section 9- 733 7(d). The special committee shall file its report with the city clerk on a date specified by ordinance. The 734 committee’s report should include an assessment of the function and relevance of all multiple member 735 bodies, and may include recommendations to combine, dissolve or create multiple member bodies to 736 address redundancies or new concerns of the city. Recommendations shall not conflict with multiple 737 member bodies required by the General Laws. 738 SECTION 8-7: UNIFORM PROCEDURES GOVERNING MULTIPLE MEMBER BODIES 739 Open meeting law and procedures in the General Laws shall apply to the proceedings of multiple member 740 bodies, including the following: 741 (1) Officers – All appointed multiple member bodies shall elect a chair, a vice-chair and any other officer 742 it deems necessary. 743 (2) Meetings - All appointed multiple member bodies of the city shall meet regularly at the times and 744 places that the multiple member body, by the body’s own rules, prescribe. Special meetings of any 745 multiple member body shall be held at the call of the chair or by a majority of the members of the body. 746 Notice of the meeting shall be posted as required by law. Except as may otherwise be authorized by law, 747 all meetings of all multiple member bodies shall, at all times, be open to the public. 748 (3) Meeting Documents and Submissions - Each appointed multiple member body shall determine its own 749 rules and order of business. Each multiple member body shall provide for the keeping of agendas, minutes 750 and related submissions of its proceedings. All documents shall be a public record and certified copies 751 shall be placed on file in the office of the city clerk within a reasonable period from the date of approval. 752

36 (4) Voting - If requested by a member, a vote of an appointed multiple member body shall be taken by a 753 roll call vote and the vote of each member shall be recorded in the minutes, provided, however, that if the 754 vote is unanimous only that fact need be recorded. Unless some other provision is made by the multiple 755 member body's own rules while a quorum is present, except on procedural matters, any action on a matter 756 representing an exercise of the powers of the multiple member body shall require a majority vote. General 757 Laws related to a vote to meet in executive session shall always require a majority of members of the 758 body. 759 SECTION 8-8: REFERENCES TO GENERAL LAWS 760 All references to General Laws contained in this charter refer to the Massachusetts General Laws and are 761 intended to refer to and to include any amendments or revisions to chapters or sections or to the 762 corresponding chapters and sections of any rearrangement, revision or recodification of statutes enacted 763 or adopted subsequent to the adoption of this charter. 764 SECTION 8-9: COMPUTATION OF TIME 765 In computing time under this charter, the day of the act or event after which the designated time period 766 begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, 767 Sunday or legal holiday, in which event the period shall be extended to the next business day. 768 SECTION 8-10: OATHS OR AFFIRMATIONS 769 (a) Officials Elected in Regular Elections - On the first business day in January of each even-numbered 770 year, the city council members-elect, the school committee members-elect and the mayor-elect, shall meet 771 and take an oath or affirmation to faithfully discharge the duties of their office. The oath or affirmation 772 shall be administered by the city clerk, the assistant city clerk, a judge of a court of record or by a justice 773 of the peace. Each official taking the oath or affirmation shall also sign a written version, which shall be 774 kept in a bound book maintained by the city clerk. If the mayor-elect or any member-elect of the city 775 council or school committee is absent on the day the oath is administered, the oath or affirmation may be 776 administered at any time after to that person. 777

37 (b) Other Elected Officials and Appointed Positions - Except as otherwise provided by law, every person 778 who is elected or appointed to an office or as a member of a multiple member body shall take an oath or 779 affirmation before performing any act under this election or appointment. A record of this oath or 780 affirmation shall be kept by the city clerk. 781 SECTION 8-11: LIMITATION ON OFFICE HOLDING 782 Unless otherwise allowed by law or this charter, a person shall not simultaneously hold more than 1 office 783 or position of employment with the city. This section may be waived by the mayor by filing a notice of 784 the waiver with an explanation and justification with the city clerk. 785 SECTION 8-12: FELONY CONVICTION 786 An elected official who has been convicted of a state or federal felony while holding office shall be 787 deemed to have vacated the office. 788 SECTION 8-13: ENFORCEMENT OF CHARTER PROVISIONS 789 It shall be the duty of the mayor to see that this charter is faithfully followed and complied with by all city 790 agencies and employees. Whenever it appears to the mayor that a city agency or employee is not 791 following this charter, the mayor shall, in writing, cause notice to be given to that agency or employee 792 directing compliance with this charter. Whenever it appears to the city council that the mayor is not 793 following this charter, the city council shall, by resolution, direct the attention of the mayor to those areas 794 in which it believes there is a failure to comply with this charter. The procedures made available in 795 chapter 231A of the General Laws may be used to determine the rights, duties, or other legal relations 796 arising under this charter, including any question of construction or validity which may be involved in 797 that determination. 798

38 ARTICLE 9 799 TRANSITION PROVISIONS 800 SECTION 9-1: CONTINUATION OF EXISTING LAWS 801 All General Laws, special laws, city ordinances, city council votes, rules and regulations of or pertaining 802 to the city that are in force when this charter takes effect, and not specifically or by implication repealed 803 by this charter, shall continue in full force and effect until amended or repealed, or rescinded by due 804 course of law, or until they expire by their own limitation. In any case in which the provisions of this 805 charter are found to be inconsistent with the provisions of any general or special law that would otherwise 806 be applicable, the provisions of this charter shall prevail. 807 SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION 808 All city agencies and city officials shall continue to perform their duties until reappointed, until 809 successors to their respective positions are appointed or until their duties have been transferred and 810 assumed by another city agency. 811 SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY 812 All records and property of any city agency, or part thereof, the powers and duties of which are assigned 813 in whole or in part to another city agency, shall be transferred forthwith to that agency. 814 SECTION 9-4: CONTINUATION OF PERSONNEL 815 All city office holders and employees shall retain the office, position or employment they hold, and shall 816 continue to perform the duties of the office, position or employment until their employment or position is 817 otherwise terminated or other provisions are made. A person in full-time service of the city shall not 818 forfeit accrued time in service of the city as a result of adoption of this charter. 819 SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC. 820 All official bonds, recognizances, obligations, contracts and other instruments entered into or executed 821 by, with, or on the behalf of the city before the adoption of this charter, shall continue to be obligations of 822

39 the city; and all taxes, assessments, fines, penalties and forfeitures, incurred or imposed, due or owing to 823 the city, shall be enforced and collected; and all writs, prosecutions, actions and causes of action, except 824 as herein otherwise provided, shall continue without abatement and remain unaffected by this charter; and 825 any legal act done by or in favor of the city shall not be rendered invalid by reason of the adoption of this 826 charter. 827 SECTION 9-6: DISPOSITION OF CERTAIN SPECIAL ACTS 828 (a) Certain Special Acts Recognized and Retained - The following special acts are hereby especially 829 recognized and retained: [TO BE ADDED BY THE CITY COUNCIL] 830 SECTION 9-7: TIME OF TAKING EFFECT 831 [TO BE ADDED BY THE CITY COUNCIL] 832 (a) CREATION OF PUBLIC FINANCING OF CAMPAIGNS COMMITTEE 833 Within 6 months of the adoption of this charter, the city council shall create a public financing of 834 campaigns committee to study public financing mechanisms and prepare recommendations with the goal 835 of making running for office in the city more accessible to potential candidates. The directive of this study 836 committee is to consider a full range of options as practicable, provide analysis on the potential benefits 837 and barriers of each option, and consider which are the best fit for the city. If the city council has already 838 taken action consistent with this provision, no action is necessary. 839 The committee shall consist of 9 members: 1 shall be the chair of the board of elections commissioners or 840 their designee, 1 shall be the city council president or their designee, 1 shall be the chair of the school 841 committee or their designee, 2 shall be community members appointed by the city council, 2 shall be 842 community members appointed by the school committee, 2 shall be community members appointed by 843 the mayor. The committee shall elect a chair and establish the schedule of its meetings. 844 The committee shall issue recommendations to the city council within 12 months of creation. The city 845 council shall take action on the recommendations within 90 days of receipt. 846

40 (b) CREATION OF THE INITIAL FIRST EQUITABLE COMPENSATION DISTRIBUTION 847 COMMITTEE 848 The mayor and the city council shall convene the initial equitable compensation distribution committee, 849 pursuant to section 5-3, within sufficient time that the committee’s report can be delivered by the date of 850 the Annual Budget Meeting in the following calendar year. If the city council has already taken action 851 consistent with this provision, no action is necessary. 852 In addition to the subject matter required in section 5-3, the committee’s initial report shall include: (1) 853 proposed solutions to address existing compensation disparities or related issues, including but not limited 854 to tying mechanisms (a set ratio to determine pay of elected officials, tying the highest possible pay of an 855 elected official to the lowest paid municipal employee); (2) a proposed implementation plan to establish 856 compensation distribution standards; (3) an analysis of the proposed cost and timeline to implement those 857 standards; (4) a comparative analysis of other approaches to this issue in similar municipalities; and (5) an 858 analysis of the impacts on the community of the city. 859 The committee shall consist of at least 8 members: 1 shall be the mayor or their designee, 1 shall be the 860 city council president or their designee, 1 shall be the chair of the school committee or their designee, 1 861 shall be a member of the municipal compensation advisory board, 1 shall be a member of the charter 862 review committee, 1 shall be a community member appointed by the mayor, 1 shall be a community 863 member appointed by the city council, and one shall be the city auditor or their designee. In addition, any 864 other representation deemed necessary by the mayor and city council may be jointly appointed. The 865 committee shall elect a chair and establish the schedule of its meetings. 866 The committee shall be provided with an initial budget of at least $50,000 for its expenses, including 867 hiring of consultants as required to assist with the examination and analysis. 868 The committee shall submit a report to the city council and the city council shall respond to and vote on 869 the recommendations within 90 days of receipt. 870

41 (c) CREATION OF RANKED CHOICE VOTING IMPLEMENTATION COMMITTEE 871 Within 6 months of the passing of this charter, the city council shall create a ranked choice voting 872 committee to propose a measure to adopt ranked-choice voting and submit a report on ranked-choice 873 voting in the city. A voting method shall be considered ranked choice voting if the municipal voter ranks 874 candidates in order of preference. The committee’s report shall include: (1) the elected offices to be 875 selected by this voting method; (2) a timeframe and strategy for implementation; (3) infrastructure and 876 equipment requirements; (4) a cost analysis; (5) a comparative analysis of other voting methods; (6) an 877 analysis of potential equity concerns; and (7) a community education plan. If the city council has already 878 taken action consistent with this provision, no action is necessary. 879 The goal of this committee is to implement ranked choice voting in order to more accurately reflect the 880 will of the voters, increase the number and diversity of candidates, lower barriers to candidate 881 participation and increase transparency of elections. 882 The committee shall consist of 9 members: 1 shall be the chair of the board of elections commissioners or 883 their designee, 1 shall be the city council president or their designee, 1 shall be the chair of the school 884 committee or their designee, 2 shall be community members appointed by the city council, 2 shall be 885 community members appointed by the school committee, 2 shall be community members appointed by 886 the mayor. The committee shall elect a Chair and establish the schedule of its meetings. 887 The committee shall propose a measure to the city council within 18 months. The city council shall take 888 action on the measure within 90 days of receipt. 889 (d) INITIAL PERIODIC REVIEW OF MULTIPLE MEMBER BODIES 890 The mayor and the city council shall convene the first periodic review of multiple member bodies 891 committee, pursuant to section 8-6, within 6 months of the passing of this charter. The committee’s report 892 should include: (1) an assessment of the functions and relevancies of the city’s current multiple member 893 bodies; (2) a review of activities of multiple member bodies from recent years; (3) the ability of the city to 894 fill appointments to the body; and (4) recommendations for combining, removing or adding new multiple 895

42 member bodies. If the city council has already taken action consistent with this provision, no action is 896 necessary. 897 The committee shall consist of at least 8 members: 1 shall be the mayor or their designee, 1 shall be the 898 city council president or their designee, 1 shall be the chair of the school committee or their designee, 1 899 shall be a member of the municipal compensation advisory board, 1 shall be a member of the charter 900 review committee, 1 shall be a community member appointed by the mayor, 1 shall be a community 901 member appointed by the city council, and 1 shall be the city auditor. In addition, any other representation 902 deemed necessary by the mayor and the city council may be jointly appointed. 903 The committee shall elect a chair and establish the schedule of its meetings. The committee shall be 904 provided with an initial budget of at least $25,000 for its expenses, including hiring of consultants as 905 required to assist with the examination and analysis. 906 The committee shall submit a report to the city council and they shall respond to and vote on the 907 recommendations within 90 days of receipt. 908 (e) PARTICIPATORY BUDGETING STUDY COMMITTEE 909 Within 6 months of the adoption of this charter, the city council shall create a participatory budgeting 910 committee to study participatory budgeting and related participatory mechanisms and prepare 911 recommendations with the goal of increasing resident participation in city government. The directive of 912 this study committee is to consider a full range of options as practicable, provide analysis on the potential 913 benefits and barriers of each option, review the results of previous participatory budgeting programs, and 914 consider which are the best fit for the city. If the city council has already taken action consistent with this 915 provision, no action is necessary. 916 The committee shall consist of 9 members: 1 shall be the director of finance or their designee, 1 shall be 917 the city council president or their designee, 1 shall be the chair of the school committee or their designee, 918 2 shall be community members appointed by the city council, 2 shall be community members appointed 919 by the school committee, and 2 shall be community members appointed by the mayor. The committee 920

43 shall elect a chair and establish the schedule of its meetings. 921 The committee shall issue recommendations to the city council within 12 months of creation. The city 922 council shall take action on the recommendations within 90 days of receipt. 923