The
inhabitants of the City of
This
instrument shall be known and may be cited as the Gloucester Home Rule Charter.
The
administration of the fiscal, prudential, and municipal affairs of the city,
with the government thereof, shall be vested in an executive branch, to consist
of the mayor, and a legislative branch, to consist of the city council. The
executive branch shall never exercise any legislative power, and the
legislative branch shall never exercise any executive power. Although each
branch has had conferred upon it by State law various areas of responsibility,
the legislative branch is also responsible for the enactment of laws for the city,
while the administrative branch is charged with the duties of carrying those
laws into effect, securing their due observance and conducting the daily
business affairs of the city.
State
law reference(s)--Allocation of
powers in city government, M.G.L.A. c. 39, § 1.
Subject
only to express limitations on the exercise of any power or function by a city
in the constitution or statutes of the commonwealth, it is the intent and the
purpose of the voters of Gloucester, through the adoption of the charter[,] to secure for the city all powers it is possible
to secure under the constitution and statutes of the commonwealth, as fully and
as completely as though each such power were specifically and individually
enumerated herein.
State
law reference(s)--Limitation on local
powers, M.G.L.A. Const. Amend. Art. 2, 89; powers of cities
and towns, M.G.L.A. c. 40.
The powers
of the city under the charter are to be construed liberally in favor of the
city, and the specific mention of particular powers is not intended to limit in
any way the general powers of the city as stated in section 1-4.
Subject
only to express limitations in the constitution or statutes of the commonwealth,
the city may exercise any of its powers or perform any function, and may
participate in the financing thereof, jointly or in cooperation, by contract or
otherwise, with the commonwealth or any political sub-division or agency
thereof or the United States government or any agency thereof.
(a) Composition -- There shall be a
city council consisting of nine members which shall exercise the legislative
powers of the city. Four of these members, to be known as councillors at-large,
are to be nominated and elected by and from the voters of the city, at-large.
Five of the members, to be known as ward councillors, are to be nominated and
elected by and from the voters of five city wards, one ward councillor
to be elected from each such ward.
(b) Eligibility -- Any voter shall be
eligible to hold the office of councillor. A ward councillor, notwithstanding his removal from one ward in
the city to another during the term for which he was elected, may continue to
serve and to perform his duties until the expiration of the term for which he
was elected.
(c) Election and Term -- The term of
office for councillors shall be for two years beginning the first secular day
of January following their election and until their successors are qualified.
Code reference--City council generally, § 2-20 et seq.
After a
majority of the councillors-elect have been sworn they shall be called together
by the city clerk, or in the absence of the city clerk, by the member present
senior in years of service, who shall preside. The city council shall then
elect, from among its members, by separate roll call votes, a president and a
vice-president. A majority vote of the full council shall be necessary for such
election. No other business shall be in order until such officers are elected.
The president shall preside at all meetings of the city council, regulate the
proceedings and decide all questions of order. He shall have such other powers
and duties as may be provided by the charter, by ordinance or by vote of the
city council. He shall have the same right to vote as any other city councillor. In the event of the absence or disability of
the president[,] the vice-president shall act as
president.
State
law reference(s)--Presiding officer
of city legislative bodies, M.G.L.A. c. 39, § 2.
The city
council shall, by ordinance, establish an annual salary for its members. No
ordinance establishing or increasing such salary shall be effective, however,
unless it shall have been adopted by a two-thirds vote during the first
eighteen months of the term for which councillors are elected and it provides
that such salary is to be effective at the commencement of the term of office
of the next city council to be elected.
State
law reference(s)--Municipal salaries,
M.G.L.A. c. 39, § 6A, c. 43, § 17A.
(a) Appointment after Expiration of Term
-- No city councillor shall hold any compensated
appointive city office or city employment during his term and until two years
following the expiration of the term for which he was elected. This provision
shall not prohibit a city officer or city employee who has taken a leave of
absence from such office or employment from resuming his duties as such
following service as a city councillor.
(b) Interference in Administration --
Except as may be otherwise authorized by the charter, no member of the city
council, nor any committee of the city council, shall directly take part in the
conduct of the administrative business of the city.
(a) Exercise of Powers -- Except as
otherwise provided by law, by-laws or the charter, the legislative powers of
the city council may be exercised in a manner determined by it.
(b) Quorum -- A majority of the city
council shall constitute a quorum but a smaller number may meet and adjourn
from time to time. The affirmative vote of a majority of the full council shall
be necessary to adopt any appropriation order. While a quorum
is present, any other motion or measure may be adopted by a majority of not
less than four affirmative votes, except as otherwise provided by the charter
or by-law.
(c) Rules of Procedure -- The city
council shall from time to time establish rules for its proceedings.
(i) Regular
meetings of the council shall be held at a time and place fixed by ordinance.
(ii) Special meetings of the city council
shall be held at the call of the mayor, as provided in section 3-8(b), on the
call of the president of the city council, or on the call of any three or more
members, by written notice delivered in hand or to the place of residence or
business of each member at least forty-eight hours in advance of the time set,
and which includes notice of the subjects to be acted upon.
(iii) Except as may be otherwise authorized by
law, all sessions of the city council, and any committee thereof, shall be open
to the public and to the press.
(iv) Every matter which comes before the city council shall be
put to a vote, the result of which shall be recorded.
(v) A full, accurate, up-to-date record of
the proceedings of the city council shall be kept and shall be open to
inspection by the public. It shall include a record of each roll call vote.
(vi) The city council shall, by ordinance, establish and
maintain a list of specific kinds of council decisions, which will require an
accompanying statement of purpose. The statement of purpose shall contain the
reasons why the majority of the council voted, for or against. Such statements
shall be entered upon the records of the city council, in full, for the purpose
of providing guidance to future city councils regarding matters that might
again be brought before the city council, matters that might be the subject of
court action, or any other matter requiring an explanation of the intent of the
city council when voting.
(Referendum
of 11-8-83)
State
law reference(s)--City council to
adopt rules for its proceedings, M.G.L.A. c. 43, § 18(2).
(a) In General -- The city council
may make investigations into the affairs of the city and into the conduct and
performance of any city agency, and for this purpose may subpoena witnesses,
administer oaths, and require the production of evidence.
(b) City Officers, Members of
Multiple-Member Bodies, and City Employees -- The city council may require
any city officer, member of a multiple-member body or city employee to appear
before it to give such information as the city council may require in relation
to the municipal services, functions, powers or duties which are within the
scope of responsibility of the said city officer, member of a multiple-member
body or city employee.
(c) Mayor
-- The city council may at any time require the mayor to provide it with
specific information on any matter within its jurisdiction. The city council
may require the mayor to appear before it, in person, to respond to written
questions presented to him. The mayor may bring with him on such occasions any
assistant, department head, city officer or city employee he deems necessary to
assist him in responding to the questions posed by the city council. The mayor
shall not be required to answer any questions not relevant to those presented
to him in advance and in writing.
(d) Notice Requirements -- The city
council shall give at least five days written notice to any person it shall
require to appear before it under the provisions of this section. Notice under
this section shall be by delivery in hand.
(e) Vote Required -- All actions in section 2-6 shall require a two-thirds (2/3's) vote of the full city council.
(Referendum
of 11-3-87)
(a) Election -- (Not sooner than forty-five nor more than
sixty days - Deleted, 12/9/2002) Not sooner than ninety days and no more than one hundred
twenty days - (Approved 12/9/2002) following the date on which the city
council has organized, it shall elect a city clerk and a city auditor to hold
office for terms of two years and until their successors are qualified. The
city council may remove either of said officials from office, for cause, before
the expiration of their term by majority vote of the full city council. Any
vacancies which may exist in said offices shall be filled by the city council
for the balance of the unexpired term.
(b) City Clerk -- The city clerk
shall be the custodian of all records of the city, the keeper of vital
statistics, and shall have such powers and duties with respect to the
regulation and supervision of elections and the issuance of licenses as are
provided by law. The city clerk may have such additional powers and duties as
the city council may from time to time prescribe.
(c) City Auditor -- The city auditor
shall keep and have charge of the accounts of the city. He shall regularly
audit the books and accounts of all city agencies and shall have such other
powers and duties with respect to the regulation of the financial affairs of
the city as are provided by law. The city auditor may have such additional
powers and duties as the city council may from time to time prescribe.
Code
references--City clerk generally, §
2-60 et seq.; city auditor, § 2-100 et seq.
State
law reference(s)--Manner of election
of city officers, M.G.L.A. c. 39, § 3, c. 43, § 18; city clerks generally,
M.G.L.A. c. 41, § 12 et seq.; appointment and term of city clerks, M.G.L.A. c.
43, § 18(3); auditors generally, M.G.L.A. c. 41, § 48 et seq., c. 43, § 18.
(a) Deleted
12/9/2002) Clerk of the Council -- The city clerk shall serve as clerk of the council. The clerk of
the council shall give notice of all meetings of the city council to its
members and to the public, keep the journal of its proceedings, and perform
such other duties as may be assigned by the charter, by ordinance or by other
vote of the city council. The city council shall, by ordinance, establish a
salary schedule and a job description for the clerk of the council.
Editor's
note--There is no subsection (b) to
this section in the present city charter.
(a) Designation of Committees -- There shall be three standing committees of the city council: A committee on budget and finance, to which may be referred by a (two-thirds (2/3's) - Deleted, 12/9/2002) simple majority - (Approved 12/9/2002) vote of the full city council every matter which would involve an expenditure by the city; a committee on ordinances and administration, to which may be referred by a (two-thirds (2/3's) - Deleted, 12/9/2002) simple majority - (Approved 12/9/2002) vote of the full city council every matter which in the form of adoption is categorized an "ordinance," or the effect of which is of more than temporary significance, all matters the effect of which would be to alter the administrative structure of the city government and which shall have general oversight of the department of the city clerk; and a committee on planning and development, to which may be referred by a (two-thirds (2/3's) - Deleted 12/9/2002) simple majority - (Approved 12/9/2002) vote of the full city council all matters which affect land use, planning, zoning and other development of the city.
(b) Membership -- Each committee of
the city council shall consist of three members of the city council appointed
by the city council president to serve for the term for which the city council
is elected. Each member of the city council shall serve on at least one
standing committee of the city council.
(c) Advisory Members -- The standing
committees of the city council may provide, by vote, for the appointment of
voters of the city to serve as advisory members of the committee. Such advisory
members, if appointed, shall have no power to vote.
(d) General Powers -- The city
council may delegate the powers available to it under section 2-6 to any of its
standing committees. Each standing committee may, in accordance with such rules
as may be adopted by the city council, hold a public hearing on any matter
which is referred to it and shall, within a time fixed by council rule, report
on each matter which has been referred to it, in writing, a recommendation and
the reasons therefor.
(Referendum
of 11-3-85)
Code reference--Boards, commissions, councils and committees, § 2-400 et seq.
(a) Confirmation -- The mayor shall
submit to the city council the names of all persons he desires to appoint to
any city office, as a department head or as a member of a multiple-member body,
except a position which is covered by the state civil service law or except as
otherwise provided by this charter. The city council shall refer all such names
as are submitted to the standing committee on ordinances and administration
which shall investigate all such candidates for confirmation and make a report with recommendations to the full city council not less than
seven nor more than twenty-one days following such referral. If the city
council has taken no other action, said appointments shall become effective on
the thirtieth day following the date the name has been received by the city
council. The provisions of section 2-11(c) shall not apply to this section.
(b) No un-elected appointee shall be
appointed to more than one multiple member body, unless said board or commission
is inter-related.
(Referendum
of 11-8-83; referendum of 11-5-85)
Code reference--Officers and employees generally, § 2-40 et seq.
(a) In General -- No measure shall be
adopted on the date it is introduced, except in the case of special emergency
involving the peace, health or the safety of the people or their property.
Except as otherwise provided by the charter, every adopted measure shall be
effective at the expiration of thirty-one days after adoption by the city
council or at any later date specified therein. Measures not subject to
referendum may become effective upon adoption. No ordinance shall be amended or
repealed except by another ordinance adopted by the city council, or by the
procedure for citizen initiative and referendum provided in article 9.
(b) Emergency Measures -- An
emergency measure shall be introduced in the form and manner prescribed
generally except that it shall be plainly designated as an emergency measure. A
preamble which describes and declares that an emergency exists and which
defines its nature in clear and specific terms shall first be separately voted
upon and shall require the affirmative votes of two-thirds of the members of
the full city council. Following such adoption of an emergency preamble the
city council may, by a two-thirds vote, pass the measure with or without
amendment at the meeting at which it was introduced. Emergency measures shall
stand repealed on the sixty-first day following their adoption, unless an
earlier date is specified in the measure, or unless a second emergency measure
adopted in conformity with this section is passed extending it, or a measure
adopted in conformity with the procedures for measures generally is passed
extending it.
(c) Charter Objection -- On the first
occasion that the question of adoption of any measure is put to the city
council, except an emergency measure as defined in section 2-11(b), if a single
member objects to the taking of the vote, the vote shall be postponed until the
next meeting, regular or special. If when the matter is next brought before the
city council for a vote four or more members object to the taking of a vote,
the matter shall be further postponed for not less than an additional five
days. This procedure shall not be used more than once for any measure
notwithstanding any amendment to the original measure.
(d) Publication and Public Hearings
Required -- Every proposed ordinance or loan order, except any submitted in
conformity with section 2-11(b), shall be published once in full in at least
one local newspaper and in any additional manner as may be provided by
ordinance or by law. Such publication shall also state the time, not less than
seven days following such publication, and the place at which the city council,
or a standing committee of the city council, will hold a public hearing on said
proposed ordinance or loan order.
(e) Council Reconsideration -- The
clerk of the city council shall hold every measure adopted by the city council
to the end of the next business day, with no exceptions, and if during said
time notice of an intent to file a motion to reconsider the matter is filed
with the clerk of the council by any member entitled to make such a motion, the
measure shall be returned to the city council for further action. If no such
statement of intent is filed with the clerk of the council he shall, at the end
of that next business day forthwith present the matter to the mayor.
(f) Publication of Adopted Measures
-- After final adoption and approval by the mayor if required, all ordinances
and loan orders and such other measures as the city council shall by ordinance
direct, shall be published in full in a newspaper of general circulation in the
city.
(g) Publication, Exceptions -- If any
measure required to be published in full by section 2-11(d) or (f) exceeds in
length eight octavo pages of ordinary print, then in lieu of such publication,
the same may be published in a booklet or pamphlet and made available for
distribution to any person requesting the same at the office of the city clerk
and provided that notice of such publication and a summary of the contents
thereof shall be published as otherwise provided in the said sections.
(h) Information to be Given
New Members -- The president of the city council shall make available to
each new member the minutes of the meetings for the four prior months and
copies of any applicable laws, rules or regulations which govern the body. In
addition, the president shall, within thirty days following any election of a
new member, meet with the new member and provide such information and
orientation to the duties of a city councillor as may
be deemed necessary or desirable.
(Referendum
of 11-8-83; referendum of 11-3-87)
State
law reference(s)--Procedures for
passage of ordinances, M.G.L.A. c. 43, § 20 et seq.
The city
council may delegate to one or more city agencies the powers vested in it by
the laws of the commonwealth to grant and issue licenses and permits, and may
regulate the granting and issuing of such licenses and permits by any such city
agency, and may, in its discretion, rescind any such delegation without
prejudice to any prior action which has been taken.
(a) Councillor at Large -- If a
vacancy in the office of councillor at large shall
occur/is declared - (Approved 12/9/2002) the
vacancy shall be filled by the candidate for the office of councillor
at large at the preceding city election who received
the highest number of votes without being elected and provided such person is
willing to serve. If a person who received such highest number of votes is not
willing to serve the other candidates in descending order of number of votes
received shall be offered the vacancy until one accepts the office. If no such
candidate is available the city council shall, within thirty (30) days
following the date on which the vacancy is declared to exist, elect a suitable
person from among the voters of the city to serve for the balance of the
unexpired term. The city clerk shall certify the said candidate to the office
of councillor at large to serve for the balance of
the unexpired term.
(b) Ward councillor
-- If a vacancy in the office of ward councillor
shall occur the vacancy shall be filled in the same manner as provided for
councillors at large, provided that the candidate who is willing to serve shall
have received at least thirty percent (30%) of the total number of votes cast
for the office of ward councillor in the ward for
which the vacancy exists. If no such candidate is available the city council
shall, within the thirty (30) days following the date on which the vacancy is
declared to exist, elect a suitable person from among the voters residing in
the ward to serve for the balance of the unexpired term. The city clerk shall
certify the said candidate to the office of ward councillor
to serve for the balance of the unexpired term.
(c) In General -- Whenever a vacancy
exists on the council which is not filled when the next election occurs, the
person at the city election who is elected to the seat in which the vacancy
exists shall forthwith be sworn and shall serve for the balance of the then
unexpired term, in addition to the term for which he was elected. If the
vacancy is in the office of councillor at large, it
shall be filled by the person receiving the highest number of votes for the
office who is not then a member of the city council.
(Referendum
of 11-5-85)
Except as
otherwise provided by law or the charter, all powers of the city shall be
vested in the city council which shall provide for their exercise and for the
performance of all duties and obligations imposed on the city by law.
(a) Mayor, Qualifications -- There
shall be a mayor, elected by and from the voters, who shall be the chief
executive officer of the city. Any voter shall be eligible to hold the office
of mayor. The mayor shall devote his full time to the office, that is, he shall
not hold any other elective public office, nor shall he actively engage in any
other business, occupation or profession during his service as mayor.
(b) Term of Office -- The term of
office of the mayor shall be two years beginning on the first secular day of
January following his election and until his successor is qualified.
(c) Compensation
-- The city council shall by ordinance establish an annual salary for the
mayor. No ordinance establishing or increasing such salary shall be effective
unless it shall have been adopted in the first eighteen months of the term for
which councillors are elected and it provides that such salary is to be
effective at the commencement of the next term of office of the mayor.
(d) Prohibition
-- No mayor shall hold any compensated appointive city office or city
employment during his term and until two years following the expiration of the
term for which he was elected.
(Referendum
of 11-8-83)
Code reference--Mayor generally, § 2-50 et seq.
State
law reference(s)--Compensation of
mayor, M.G.L.A. c. 39, § 6A; mayor prohibited from holding other compensated
office, M.G.L.A. c. 39, § 7.
The
executive powers of the city shall be vested solely in the mayor, and may be
exercised by him either personally or through the several city agencies under
his general supervision and control. The mayor shall cause the laws, ordinances
and orders for the government of the city to be enforced, and shall cause a record
of all his official acts to be kept.
The mayor
shall appoint all city officers, department heads and members of
multiple-member bodies for whom no other method of appointment or selection is
provided by the charter, excepting only officers serving under the school
committee, officers appointed by state officials and persons serving under the
city council. All such appointments made by the mayor shall be subject to
review by the city council as provided in section 2-10.
State
law reference(s)--Appointments of
mayor subject to council approval, M.G.L.A. c. 39, § 1.
In making
his appointments the mayor shall sign and file with the city clerk a
certificate substantially in the following form:
Certificate of Appointment
I appoint
(name of appointee) to the position of (name of office) and I certify that (s)he is a person especially fitted by education, training or
experience to perform the duties of the office and to assume the
responsibilities which will devolve upon him/her, and that I make this
appointment solely in the interest of the City of Gloucester.
(signed) __________
Mayor
The mayor
may remove any person appointed under section 3-3 by filing a written statement
with the city clerk setting forth in detail the specific reason or reasons therefor, a copy of which shall be delivered in hand, or
mailed to the last known address of the person whose removal is sought, who may
make a written reply, which if (s)he desires, may be filed with the city clerk
and be a public record; but no such reply shall affect the action taken by the
mayor unless the mayor so determines.
Whenever a
vacancy in an office appointed by the mayor occurs, whether by reason of death,
disability, resignation, removal or otherwise, the mayor may appoint the head
of another city office or agency, or a city officer or city employee, or some
other person to perform the duties of the office for a period not to exceed
three months. Such temporary appointment shall not be subject to review by the
city council as provided in section 2-10. Whenever a vacancy continues beyond
three months, the mayor may make a second three months appointment, (but -
Deleted 12/9/2002). No - (Approved 12/9/2002) temporary appointment shall be
continued for more than six months unless authorized by the city council.
To aid him
in performing the duties of his office the mayor shall, within sixty days
following his inauguration, appoint, subject to the provisions of section 2-10,
an administrative assistant who is professionally qualified as a municipal
administrator by virtue of education, training and previous experience. The
administrative assistant to the mayor need not be a resident of the City of
The
administrative assistant to the mayor shall assist the mayor in the preparation
of an annual operating budget for all city agencies, and shall, in cooperation
with the city auditor, administer the operating budget throughout the year. He
shall assist the mayor and the heads of all city agencies in the development of
a capital outlay program and the preparation of a capital improvement budget.
The mayor may delegate to the administrative assistant to the mayor any power
or duty which he has under the charter other than the power to veto measures
adopted by the city council or the power to appoint or to remove city officers,
members of multiple-member bodies and department heads. Under the supervision
of the mayor the administrative assistant to the mayor shall be specifically
responsible for the following:
(a) Coordination and supervision of all city
agencies;
(b) Submission of reports at such times as may
be required;
(c) Installation and maintenance of
financial management and record keeping systems;
(d) Conduct of a continuing study of the
work of all city agencies and the preparation of management policies based on
such studies;
(e) Preparation of policy programs and
ordinance recommendations affecting the management of the city;
(f) Responsibility for the day-to-day
administration of the personnel ordinance, personnel regulations and all
collective bargaining agreements, other than those entered into by or in behalf
of the school committee;
(g) (Installation and - Deleted 12/9/2002) Maintenance of a centralized purchasing system
covering all city agencies;
(h) Such other powers, duties and
responsibilities as may be delegated to him by the mayor.
The delegation
of any power or duty by the mayor to the administrative assistant to the mayor
may be terminated by the mayor, at will, but all acts of the administrative
assistant to the mayor pursuant to such delegation prior to any such revocation
by the mayor shall be and remain the acts of the mayor.
Code reference--Officers and employees generally, § 2-40 et seq.
(a) Communications to the City Council
-- Within six weeks following the start of each fiscal year the mayor shall
submit to the city council, and make available for public distribution, a
complete report on the financial and administrative activities of the city for
the preceding fiscal year, as provided in section 7-13. He shall from time to
time throughout the year, by written communications, keep the city council
fully informed of the financial condition and administrative problems of the
city and shall recommend to them such measures for their consideration as, in
his judgment, the needs of the city require.
(b) Special Meetings of the City Council
-- The mayor may at any time call a special meeting of the city council, for
any purpose, by causing a notice of such meeting to be delivered in hand or to
the place of business or residence of each member of the city council. Such
notice shall, except in an emergency of which the mayor shall be the sole
judge, be delivered at least forty-eight hours in advance of the time set and
shall specify the purpose or purposes for which the meeting is to be held.
(Referendum
of 11-8-83)
Every
measure relative to the affairs of the city adopted by the city council, except
(a) measures relating to the internal affairs of the city council, (b) memorial
resolutions, (c) emergency measures as defined in section 2-11(b) and (d) the
budget, shall be presented to the mayor for his approval. If the mayor does
approve it, he shall signify his approval by signing it; if he does not approve
it, he shall signify his disapproval by returning it with his objections, in
writing to the city council. The city council shall enter the objections of the
mayor upon its records and shall, forthwith reconsider such measure. If, on such reconsideration, two-thirds of the full council agree to
pass the measure, it shall be considered approved. If any measure is not
returned by the mayor within ten days following the day it is presented to him,
it shall be considered approved. A filing with the clerk of the council shall
be considered a return by the mayor to the city council. All votes taken on
such returns by the mayor shall be by call of the roll.
State
law reference(s)--Similar provisions,
M.G.L.A. c. 39, § 4.
(a) Acting Mayor -- Whenever, by reason
of sickness, absence from the city or other cause, the mayor shall be unable to
perform the duties of his office for a period of three successive working days
or more, the president of the city council shall be the acting mayor. In the
event of the absence or disability of the president of the city council, the
vice-president shall serve. In the event that the president or vice-president
is unable to serve, a member of the city council in descending order of
seniority on the council shall serve.
(b) Powers of Acting Mayor -- The
acting mayor shall have all of the powers of the mayor except that he shall not
make any permanent appointment or removal to or from any office unless the
disability of the mayor shall have continued for more than sixty days, nor
shall he approve or disapprove of any measure passed by the city council unless
the time within which the mayor must act would expire before the return of the
mayor. During any period in which the city council president, or vice
president, is serving as acting mayor he shall not vote as a member of the city
council.
(Referendum
of 11-5-85)
State
law reference(s)--Similar provisions,
M.G.L.A. c. 39, § 5, c. 43, § 26.
(a) Special Election -- If a vacancy
in the office of mayor occurs/is declared - (Approved
12/9/2002) in the first year of the term for which the mayor is elected,
whether by reason of death, resignation, removal from office, incapacity or
otherwise the city council shall forthwith order a special election to be held
within ninety days following the date the vacancy is created, to fill such
vacancy for the balance of the then unexpired term.
(b) Council Election -- If a vacancy
in the office of mayor occurs in the second year of the term for which the mayor
is elected, whether by reason of death, resignation, removal from office,
incapacity or otherwise, the clerk of the council shall forthwith call a
special meeting of the city council, and the city council shall, by majority
vote, taken by roll call, elect one of its members for the balance of the
unexpired term. If the city council fails to elect one of its members as mayor
within fourteen days of the date of the meeting called by the clerk of the
council the president of the council shall become mayor. Upon the election and
qualification of any member of the city council as mayor, under this section, a
vacancy shall exist in his seat on the council which shall be filled in the
manner provided in section 2-13.
(c) Powers, Term of Office -- The
mayor elected under section 3-11(a) or (b) shall have all the powers of the
mayor. He shall serve for the balance of the term unexpired at the time of his
election to the office.
State
law reference(s)--Similar provisions,
M.G.L.A. c. 43, § 26.
__________
*Code
reference--School committee generally, § 18-20 et seq.
State
law reference(s)--Provisions relating
to school committees,
c. 43, § 31 et seq.
__________
(a) Composition -- There shall be a
school committee consisting of seven members which shall exercise control and
management of the public schools of the city. Six of these members, who shall
be known as school committee members, shall be nominated and elected by and
from the voters at large. The mayor shall serve as the seventh member of the
school committee, with full power to vote.
(b) Eligibility -- Any voter shall be
eligible to hold the office of school committee member.
(c) Election and Term -- The term of
office of school committee members shall be for two years, beginning on the
first secular day of January following their election and until their
successors are qualified.
(Referendum
of 11-5-85)
State
law reference(s)--Similar provisions,
M.G.L.A. c. 43, § 31.
After a
majority of the school committee members elect have been sworn the school
committee shall be called together by the mayor, or in
the absence of the mayor by the member present senior in years of service, who
shall preside. The school committee shall then elect a chairman, a
vice-chairman and a secretary, from among its members. The vice-chairman shall
preside at all meetings of the school committee in the absence of the chairman
and may perform such other duties as may be prescribed by vote of the school
committee. The secretary shall keep the records of the committee and cause
notice of all of its meetings to be sent to the members and made available to
the public.
Code reference--Officers and employees generally, § 2-40 et seq.
The school
committee shall have all of the powers and duties which school committees are
given under the general laws and may have such additional powers and duties as
the city council may, from time to time, assign, by ordinance.
To
the extent permitted
by State Law, - (Approved 12/9/2002) the powers of the school committee
shall include, but need not be limited to the following: (a) to appoint a
superintendent of schools, for a term not to exceed two years, beginning in an
even numbered year, who shall be charged with the day to day administration of
the school system, subject to policy directives issued by the school committee;
(b) to appoint all other officers and employees connected with the schools, fix
their salaries, define their duties, make rules concerning their tenure of
office and to discharge them; and (c) make all reasonable rules and regulations
for the management of the public schools of the city and for conducting the
business of the school committee as may be deemed necessary or desirable.
The school
committee shall furnish all school buildings with proper fixtures, furnishings
and equipment and shall provide ordinary maintenance of all school buildings
and grounds, provided however, that the city council may, by ordinance, provide
for the establishment of a centralized purchasing system, which may provide for
the inclusion of purchases made under authority of the school committee, and it
may also provide, by ordinance, for the creation of a centralized maintenance
department which may include maintenance of school buildings and grounds.
State
law reference(s)--School committee to
appoint superintendent of schools, M.G.L.A. c. 43, § 32; powers and duties of
school committee, M.G.L.A. c. 43, § 33.
No school
committee member, other than the mayor, shall hold any other city office or
city employment under the jurisdiction of the school committee for which a
salary or other emolument is payable from the city treasury while serving as a
member of the school committee, or, until two years after the term for which he
was elected has expired. This provision shall not prevent a person who has
taken a leave of absence from such a position from returning to the same
position after his term of office on the school committee has expired.
If a
vacancy in the office of school committee member shall occur, the vacancy shall
be filled by the candidate for the office of school committee member at the
preceding city election who received the highest number of votes without being
elected and provided such person is willing to serve. If a person who received
such highest number of votes is not willing to serve, the other candidates in
descending order of number of votes received shall be offered the vacancy until
one accepts the office. If no such candidate is available, the school committee
shall, within thirty (30) days following the date on which the vacancy is
declared to exist, elect a suitable person from among the voters of the city to
serve for the balance of the unexpired term. The city clerk shall certify the
said candidate to the office of school committee member to serve for the
balance of the unexpired term.
Whenever a vacancy
exists on the school committee which is not filled when the next election
occurs, it shall be filled by the person receiving the highest number of votes
for the office of school committee member. After said committee man [member] is
certified as elected by the city clerk he shall forthwith be sworn in and shall
serve for the balance of the then unexpired term, in addition to the term for
which he was elected.
(Referendum
of 11-5-85)
State law reference(s)--Filling vacancies on school committee, M.G.L.A. c. 43,
§ 36.
(a) Exercise of Powers -- Except as
otherwise provided by law or by the charter, the powers of the school committee
may be exercised in the manner determined by it.
(b) Quorum -- A majority of the
school committee shall constitute a quorum. The affirmative vote of a majority
of the full committee shall be necessary to adopt any financial measure. Except as otherwise provided by law or by the charter any other
motion or measure may be adopted by a majority vote of those present.
(c) Rules of Procedure -- The school
committee may from time to time adopt rules governing its proceedings. Regular
meetings of the school committee shall be held at a time and place fixed by
such rules. Special meetings of the school committee shall be held on the call
of the mayor, or the chairman of the school committee, or in his absence by the
vice-chairman, acting as such, or by any three or more members. Notice of such
meetings shall be by delivery in hand, or to the place of residence or business
of each member at least forty-eight hours in advance of the time set, except in
case of emergency, of which the chairman of the school committee shall be the
sole judge, when a lesser period shall suffice.
(Referendum
of 11-8-83)
At least
thirty days before the meeting at which the school committee is to vote on the
budget request which it will submit to the mayor for inclusion in the budget he
is required to submit to the city council, the school committee shall cause to
be published in a local newspaper a general summary of its proposed budget. The
summary shall indicate specifically areas of increase from the present budget,
if any, and the reasons for such increases and a notice stating (1) the times
and places where complete copies of the budget will be available for
examination by the public and (2) the date, time and place, not less than seven
nor more than fifteen days following such publication when a public hearing
will be held by the school committee on the proposed budget.
The action
of the school committee in adopting the budget, following the public hearing,
shall be summarized and the results of a roll call vote taken on each amendment
offered to the proposed budget shall be duly recorded.
Code reference--Finance generally, § 2-560 et seq.
The mayor
shall be responsible for the coordination of the activities of the school
department with the activities of all other municipal agencies. He shall
transmit all requests of the school committee which require action by the city
council to the city council, and he shall, at the request of the city council,
provide them with such information concerning such requests as may be deemed
either necessary or desirable.
An emergency measure shall be introduced in the form and manner prescribed generally except that it shall be plainly designated as an emergency measure. A preamble which describes and declares that an emergency exists and which defines its nature in clear and specific terms shall first be separately voted upon and shall require the affirmative votes of two-thirds (2/3rd's) of the members of the school committee. Following such adoption of an emergency preamble the school committee may, by a two-thirds (2/3rd's) vote, pass the measure with or without amendment at the meeting at which it is introduced. Emergency measures shall stand repealed on the sixty-first day following their adoption, unless an earlier date is specified in the measure or unless a second emergency measure adopted in conformity with this section is passed extending it, or a measure adopted in conformity with the procedures used for measures generally [is] passed extending it.
(Referendum
of 11-5-85)
(a) In General -- The school
committee may make investigations into the affairs of the school system and
into the conduct and performance of any agency under their jurisdiction, and
for this purpose may subpoena witnesses, administer oaths, and require the
production of evidence.
(b) City Officers, Member of
Multiple-Member Bodies and City Employees -- The school committee may
require any city officer, member of a multiple-member body or city employee to
appear before it to give such information as the school committee may require
in relation to the municipal services, functions, powers or duties which are
within the scope of responsibility of the said city officer, member of a
multiple-member body or city employee.
(c) Mayor -- In matters under its
jurisdiction the school committee may at any time require the mayor to provide
it with specific information on any matter within its jurisdiction. The school
committee may require the mayor to appear before it, in person, to respond to
written questions presented to him. The mayor may bring with him on such
occasions any assistant, department head, city officer or city employee he
deems necessary to assist him in responding to the questions posed by the
school committee. The mayor shall not be required to answer any questions not
relevant to those presented to him in advance and in writing.
(d) Notice Requirements -- The school
committee shall give at least five days written notice to any person it shall
require to appear before it under the provisions of this section. Notice under
this section shall be by delivery in hand.
(Referendum
of 11-5-85)
__________
*Editor's note--Prior to its amendment approved at referendum November 5, 1985, Article 5, §§ 5-1--5-3, pertained to the comprehensive plan, as derived from the original Charter approved on November 4, 1975.
Code reference--Planning generally, Ch. 16.
__________
(a) Overview -- Planning for the city
shall be considered an on going process where economic development,
environmental protection, and preservation of the city's heritage and
neighborhood identity are balanced through citizen involvement and professional
guidance.
(b) Community Development Plan -- The
planning board shall prepare a community development plan as authorized by MGL
chapter 41, section 81-D. Said plan shall set forth community development land
use and the development or disposal of municipal facilities. The mayor and city
council shall be provided with copies of the community development plan for
their review and consideration.
(c) Land Use and Development Regulations
-- In accordance with applicable provisions of the general laws, the city council
may, by ordinance, adopt land use and development regulations, including, but
not limited to, an official map and zoning ordinance.
(d) Capital Improvement Program -- A
capital improvement program shall be prepared for the mayor's review and approval
by the community development department with the advice of the planning board
and the capital improvements advisory board.
The capital
improvement program shall set forth the schedule for land acquisition, utility
expansion or replacement, and major building projects for the next five years.
The program shall include an explanation and cost projection for each item as
well as expected funding sources for each item scheduled for the current year.
In the
course of preparing the capital improvement program, the community development
department shall contact all city agencies and departments to solicit project
proposals. The mayor shall annually submit the updated capital improvement
program to the city council for its review and recommendation.
(e) Actions by Mayor, City Council and
Multi-Member Bodies -- The mayor, city council and all multi-member bodies
shall seek to ensure that their actions and decisions are consistent with the
community development plan, the official map, and the capital improvements program.
If any such office, agency or board deems it essential to take an inconsistent
action or decision, it shall transmit to the planning board a statement in
writing, explaining the necessity, prior to the taking of the action or
decision.
(Referendum
of 11-5-85)
(a) Authority and Purpose -- The
planning board, authorized and formed pursuant to MGL chapter 41, sections
81A--81J, shall be the city's primary agency responsible for the establishment
of planning and community development policy. In addition to its statutory
responsibilities, the planning board shall formulate policies which guide land
use and the development of municipal facilities, and educate the public and
other multi-member bodies with respect to those policies.
(b) Relationship to Mayor, City Council
and Community Development Department -- The planning board, on its own
initiative, or as requested by the mayor or city council, shall study issues or
projects related to the development of the city and present its findings and
recommendations to the mayor or city council. The planning board and community
development department shall work cooperatively on all such studies.
(Referendum
of 11-5-85)
(a) Purpose -- There shall be
established a community development department responsible for coordinating the
physical growth and economic development of the city as well as the development
of municipal facilities.
(b) Structure -- The community
development department shall consist of several divisions, one of which shall
be the planning division, to be headed by a professional city planner.
(c) Responsibilities -- The community
development department shall:
(i) Advise
the mayor on all matters affecting the development of the city;
(ii) Formulate and recommend to the mayor and
planning board specific measures for the development of the city;
(iii) Review and make recommendations to the
city council regarding measures considered by it which affect the development
of the city;
(iv) Assist the planning board in the exercise of its
responsibilities and in connection therewith to provide all necessary staff
assistance;
(v) Assist other multi-member bodies which
are involved with the physical development of the city or development of municipal
facilities;
(vi) Maintain an inventory of all city-owned
real property, rights-of-way, town landings, water bodies, water courses, and
water ways, a record of the use to which each is being put and a record of the
city agency responsible for the management of it;
(vii) Assist with the preparation of the mayor's
capital improvement program; and
(viii) Such other powers, duties and
responsibilities as may be provided by ordinance.
(d) Community Development Director --
The community development department shall be managed by a director of
community development who shall be appointed by the mayor, after review and
recommendation by the planning board, and confirmed by the city council.
The
community development director shall hold an advanced degree in planning or
public administration and have a minimum of six (6) years increasingly
responsible experience in municipal planning, community development or
management.
(Referendum
of 11-5-85)
(a) Composition, Mode of Selection, Term
of Office -- There shall be a designer selection committee which shall
consist of three persons appointed by the mayor for each new project. In making
his appointments to the committee the mayor shall seek to assure representation
from as many of the following areas as is possible: architecture, landscape
architecture, construction industry, art and finance.
(b) Powers and Duties -- Whenever an
architect, or designer, is to be engaged by the city for any reason the
designer selection committee shall be consulted and shall make the selection.
All designers and architects in charge of a project shall be registered.
(Referendum
of 11-5-85)
(a) Composition, Mode of Selection, Term
of Office -- Whenever an architect, or designer, is engaged by the city a
city building committee shall be established for that project which shall
consist of seven members appointed by the mayor for terms of three years each
so arranged that the term of office of as nearly an equal number as is possible
shall expire each year, provided however, that upon the completion of any
project for which a committee is appointed under this section the terms of all
members shall be terminated and the committee dissolved. In making his appointments
to the committee the mayor shall assure representation from the following
fields: the construction industry, the building trades, the municipal agency
which will be responsible for the facility upon its completion, a person
familiar with the use of such facilities in general, and three representatives
of the public at large.
(b) Powers and Duties -- The
committee shall be the representative of the city in all dealings with the
architect, or others subject to the pertinent
authority of the Mayor and Chief Procurement Officer, as provided elsewhere in
the Charter and statues - (Approved 12/9/2002) including but not limited
to the following; preparation of all bidding documents; supervision of public
bidding process; award of contract to successful bidder; compliance with the
program and time requirements of the city; evaluation of the quality,
appropriateness and functional attributes of the architect's solution or
proposal; periodic meetings with the architect and builder to assure compliance
as the project moves forward; review of all change orders during the
construction phase; and all other powers and duties as are necessary and
appropriate.
(Referendum
of 11-5-85)
__________
*Code
reference--Finance generally, § 2-560 et seq.
State
law reference(s)--Municipal finance,
M.G.L.A. c. 44.
__________
Within the
period prescribed by state statute, the mayor shall submit to the city council
a proposed budget for the ensuing fiscal year which shall provide a complete
financial plan of all city funds and activities for the ensuing fiscal year, an
accompanying budget message, and supporting documents.
The mayor's
message shall explain the budget for all city agencies both in fiscal terms and
in terms of work programs. It shall outline the proposed financial policies of
the city for the ensuing fiscal year, describe the important features of the
budget, indicate any major changes from the current fiscal year in financial
policies, expenditures, and revenues, together with the reasons for such
changes, summarize the city's debt position, and include such other material as
the mayor deems desirable or the city council may reasonably require.
State
law reference(s)--Submission of budget
to city council, M.G.L.A. c. 44, § 32.
(a) Public Hearing -- The city
council shall, within seven days following its receipt of the proposed budget,
publish in one or more local newspapers the general summary of the proposed
budget as submitted by the mayor and a notice stating: (1) the times and places
where copies of the proposed budget are available for inspection by the public,
and (2) the date, time, and place, not less than two weeks after such
publication, when a public hearing on said proposed budget will be held by the
city council or a standing committee of the city council.
(b) Adoption -- The city council
shall adopt the budget, with or without amendments, within forty-five days
following the day the budget is received by it. In amending the budget, the
city council may delete or decrease any programs or amounts except expenditures
required by law or for debt service. If the city council fails to take action
with respect to any item in the budget within forty-five days after receipt of
the budget, such amount shall, without any action by the city council, become a
part of the appropriations for the year and be available for the purposes
specified.
(Referendum
of 11-8-83)
State
law reference(s)--Procedures for
approval, rejection or alteration of budget, M.G.L.A. c. 44, § 32.
At least
once in every two years an outside audit of the books and accounts of the city
shall be made. In the event that the commonwealth shall fail in any such period
to provide for such an audit to be conducted, within sixty days following the
date a written request for them to do so is made by the city council, the city
council shall provide for such an audit to be made by a certified public
accountant, or firm of such accountants, who have no personal interests, direct
or indirect, in the fiscal affairs of the city government or any of its
officers.
State
law reference(s)--Municipal auditing,
M.G.L.A. c. 44, § 35 et seq.
__________
*Code
reference--Administration generally, Ch. 2.
__________
Except as
otherwise provided by law or the charter, the city council may by ordinance,
reorganize, consolidate, or abolish any existing city agency in whole or in
part, establish
(a) Submission -- The mayor may, from
time to time, prepare and submit to the city council reorganization plans which
may, subject to applicable law and the charter, reorganize, consolidate, or
abolish any city agency, in whole or in part, or establish new city agencies,
as he deems necessary or expedient. Such reorganization plans shall be
accompanied by an explanatory message when submitted.
(b) Adoption -- Every such
reorganization plan shall, upon receipt by the clerk of the council, be
referred to an appropriate standing committee of the city council. The city
council shall, not more than thirty days later, hold a public hearing on the
matter and the committee to which it was referred shall, within fourteen days following
such hearing, issue a report stating either that it approves or that it
disapproves of the plan. A reorganization plan shall become effective ninety
days after the date it is received by the city council unless the city council
has prior to that date, voted to disapprove the reorganization plan. A
reorganization plan presented by the mayor to the city council under this
section, may not be amended by it, but shall either be approved or rejected as
submitted and shall not be subject to the objection as provided in section
2-11(c).
An
up-to-date record of any reorganization plan under this article shall be kept
on file in the office of the city clerk and copies of all such plans shall be
included as an appendix in any publication of the ordinances of the city.
Except as
otherwise directed by law, all multiple-member bodies shall consist of three or
more members appointed for terms of three years each, so arranged that the term
of one third of the members, or as nearly that number as may be, shall expire
each year.
Code reference--Boards, commissions, councils and committees generally, § 2-400 et seq.
Every
appointment to city office shall begin on the fifteenth day of February for the
term specified in the charter, or by ordinance, and shall continue until a
successor is chosen and qualified, but in no case longer than six (6) months
when the office shall be declared vacant.
(Referendum
of 11-3-87)
(a) Multiple-Member Bodies --
Whenever a vacancy occurs on a multiple-member body, whether because of a
death, a resignation, removal from the city or the pending expiration of a term
for which a person has been appointed public notice of the vacancy or pending
expiration of the term shall be given in the following manner:
(i) By
publication in a local newspaper, by title, length of term, brief description
of duties and a general indication of the qualities or attributes desired of
candidates. Such notice shall also state the time within which persons who
desire to be considered for appointment to such offices shall file a statement
of interest, with whom, and shall indicate the form on which such application
should be made.
(ii) A copy of all such notices shall be
posted in one or more public places within the city.
(iii) At least twice a year a list containing
all of the information in (i) above shall be sent to
each organization in the city which has filed its name and mail address with
the city clerk, and a request in writing, to receive such information.
(b) City Office -- Whenever a vacancy
occurs in a city office, but not including the expiration of a fixed term of
office when re-appointment of the incumbent is to be made, notice of the
vacancy shall be given in the manner provided in (a)(i)
and (ii) above and by publication in appropriate professional newsletters,
journals and other publications.
In order to
acquaint new members of multiple-member bodies with the work which will come
before them, the chairman of each such body shall make available to each new
member, the minutes of the meetings for the two prior years and copies of any
applicable laws, rules or regulations governing the body. In addition, the
chairman shall, within thirty days following any new appointment, meet with the
new member and provide such orientation to the duties and responsibilities as
may be deemed necessary or desirable.
All
applications for appointment to any city office which constitutes a department
head shall be open to inspection by the public. All such applications shall be
kept in a record book, in the office of the city clerk, for a period of one
year from the date of filing, provided however, if any applicant requests that
his application be kept confidential it shall be so kept and a copy shall not
be made available for public inspection. The mayor,
and any other official who by reason of his public office or employment becomes
aware of such confidential applications, shall respect the request of the
applicant and shall not in any way breach the confidentiality requested.
The city
council shall, at least once during its term of office, hold a joint meeting
with each multiple-member body of the city for the purpose of sharing
information and concerns. Where appropriate, the city council may meet with two
or more multiple-member bodies which deal with the same general subject matter,
at one meeting. The city council may delegate this responsibility to one or
more of its standing committees.
Minutes of
all meetings of all multiple-member bodies shall be filed with the clerk of the
city council and the Sawyer Free Library. The clerk of the city council shall
keep the city council informed of the receipt of all such minutes by noting on
the agendas for all meetings of the city council, the minutes of
multiple-member bodies received in the period since the previous agenda was
prepared.
The city
council shall assign general oversight of each multiple-member body to an
appropriate standing committee of the city council in order to effect close
coordination and liaison between such multiple-member bodies and the city
council.
Any city
officer, member of a multiple-member body or city employee may, in his capacity
as a private citizen, become involved in a local campaign for the election of a
candidate to any city office or a campaign in favor of or in opposition to any
other local issue which is to go before the voters of the city or the members
of the city council, provided however, that personal participation by such
persons shall not be made while actively engaged in his municipal duties and
further, that no use whatsoever is made of the facilities, or the title or
other description by which the city office, or multiple-member body or city
employment which they hold, is known.
(a) In General -- A complete
management audit of each city agency shall be made at least once every eight
years in order to accomplish the following purposes:
(i) To identify
any areas which hinder or prevent the city agency from performing its assigned
responsibilities, goals or objectives and to offer suggestions for the removal
of such obstacles and to suggest ways in which the responsibilities, goals or
objectives might better be met;
(ii) To evaluate the adequacy of management
practices being utilized in the agency with respect to fiscal controls and use
of available personnel and equipment;
(iii) To suggest specific ways and means by
which the functions and services of the agency might be improved.
(b) Elements to be Considered
-- Each such management audit shall include, but need not be limited to, a
consideration of the following:
(i) Organization,
staffing and manpower;
(ii) Adequacy of financial controls;
(iii) Facilities and equipment;
(iv) Goal setting, long and short range;
(v) Procurement practices;
(vi) Overtime policies;
(vii) Cost companions with other municipalities
and comparable private enterprise activities.
(c) Organization of Reports -- Each
management audit shall consist of the following parts:
(i) Introduction
-- A brief explanation of methods used;
(ii) Scope -- A statement of the extent of
the examination made;
(iii) Major
Contacts -- A listing of the names of all persons interviewed in the conduct of
the audit and an outline of the procedures used;
(iv) Findings -- Details of the practices found during the audit,
which in the opinion of the audit team, require modification or other change in
order to strengthen and improve the agency and its performance;
(v) Recommendations -- Specific suggestions
for action either by the agency through changes in its own internal policies or
requiring action by the city council, based upon specific findings made.
(d) Administration -- The city
council shall be responsible for the conduct of all management audits under
this section. It shall award all contracts for such audits and shall, through
its standing committee on ordinances and city administration, oversee the
conduct of all such audits and the implementation of recommendations made
therein. The city council may delegate the details of such overview to the city
auditor or other designee who shall keep them fully informed of the
implementation of the changes suggested in such audit reports by the city
agencies concerned.
(a) In General -- An annual report
which contains a general summary of the activity of all city agencies shall be
published. The annual report shall contain reports by the mayor, the city
treasurer, city council, the city auditor, the school committee, and such other
officers and multiple-member bodies as may be required by ordinance to provide
such reports. The annual report shall be published in a local newspaper, for
the convenience of the inhabitants, and additional copies shall be made
available in the office of the city clerk for distribution upon request.
(b) Application Forms to be Included
-- A form shall be provided in each annual report upon which voters of the city
may make application for appointment as a member of a multiple-member body of
the city, which may become vacant during the ensuing year. All such
applications shall be retained for a period of three years from their receipt.
State
law reference(s)--Annual reports,
M.G.L.A. c. 40, § 49.
0 If any person who is appointed to serve as a member of a
multiple-member body shall fail to attend six or more consecutive meetings of
the body or more than half of the meetings held in any one calendar year, the
mayor shall, after at least seven days written notice of the mayor's intent to
do so delivered to the member's place of residence, declare his place to be
vacant. In assisting the mayor in his decision, the chairman of the
multiple-member body shall provide the mayor with the attendance record of the
prior twelve (12) months and any other information that is needed or desired.
(Referendum
of 11-3-87)
(a) Merit Principle -- All appointments
and promotions of city officers, members of multiple-member bodies and city
employees shall be made solely on the basis of merit and fitness demonstrated
by examination or other evidence of competence and suitability.
(b) Civil Service Probationary Period
-- Not less than thirty days before the expiration of any probationary period
in which a city employee is serving the immediate supervisor of such employee
shall file a written report with a recommendation concerning such probationary
employee attaining permanent status with the appointing authority and the
mayor. Such report shall be signed by the appointing authority and the mayor
and be retained in the personnel file of such employee, and a copy shall be
made available to the said employee.
(c) Personnel Report -- The mayor
shall annually file with the city council standing committee on ordinances and
administration, a report listing all persons in the employ of the city and
their status as such employee whether regular civil service, provisional civil
service or not subject to civil service as the case may be and the date on
which their employment by the city commenced in such position.
(Referendum
of 11-8-83)
Code reference--Officers and employees generally, § 2-40 et seq.
State law reference(s)--Civil service, M.G.L.A. c. 31.
The
director of public works shall be responsible for the supervision of all public
works activities of the city, provided however, that the following powers and
duties relating to public works shall be exercised in the manner hereinafter
indicated:
(a) Any rate, fee or other charge shall be
referred by the director of public works to the mayor for his review. The mayor
shall file a notice with the city council of any change in rates, fees or other
charges which is proposed and no such rate, fee or other charge shall be
effective until it has been approved by the city council or more than ninety
days following the filing of notice with the city council has elapsed without
action by the city council;
(b) All rules and regulations regarding the
use of public beaches, parks, playgrounds and other municipal facilities shall
be referred by the director of public works to the mayor for his review. The
mayor shall file a notice of such proposed rules and regulations with the city
council and no such rule or regulation shall become effective until it has been
approved by the city council or more than ninety days following the filing of
notice with the city council has elapsed without action by the city council.
Code reference--Department of public works generally, § 2-280 et seq.
Sections 7-17, 7-18. Reserved.
Editor's
note--Former §§ 7-17 and 7-18,
designer selection committee and city building committee, have been replaced by
§§ 5-4 and 5-5, respectively, of this charter, added by referendum of November
5, 1985.
The city
treasurer shall, at least semi-annually, file with the city council a report
which contains a detailed listing of all banks, trust companies and other
depositories where city funds were held on deposit, whether time deposits or
demand deposits, the length of time such funds were so held, the interest if
any, earned on such deposits and the average daily balance for the period
reported on held in each such depository. Said report shall also contain a
listing of all other investments made by the city treasurer within the period
covered by the report.
Code reference--City treasurer generally, § 2-70 et seq.
__________
*Code
reference--Elections generally, Ch. 7.
State
law reference(s)--Election of
officers, M.G.L.A. c. 41, § 1 et seq.; method of electing officers, M.G.L.A. c.
43B, § 18; elections generally, M.G.L.A. cs. 50--57.
__________
The regular
city election shall be held on the first Tuesday following the first Monday in
November in each odd-numbered year.
On the
fifty Tuesday preceding every regular city election there shall be held a
preliminary election for the purpose of nominating candidates.
(Referendum
of 11-5-85)
All
elections of city officers shall be nonpartisan, and election ballots for such
officers shall be printed without any party mark emblem, or designation
whatsoever.
(a) Signature Requirements -- The
number of signatures of voters required to place the name of a candidate on the
official ballot to be used at a preliminary election shall be as follows: for
the office of mayor not less than three hundred; for the office of school
committee member not less than one hundred-fifty; for the office of councillor at-large not less than one hundred-fifty; and
for the office of ward councillor not less than
seventy-five signatures of voters of the ward.
(b) Ballot Position -- The order in
which names of candidates appear on the ballot for each office shall be
determined by a drawing by lot conducted by the city clerk in the presence of
such candidates or their representatives.
(c) Determination of Candidates for
Election -- The two persons receiving at a preliminary election the highest
number of votes for nomination for an office shall be the sole candidates for
that office whose names shall be printed on the official ballot to be used at
the regular election at which such office is to be filled, and no acceptance of
a nomination at a preliminary election shall be necessary to its validity. If
two or more persons are to be elected to the same office at such regular election,
the several persons in number equal to twice the number so to be elected
receiving at such preliminary election the highest number of votes for
nomination for that office shall be the sole candidates for that office whose
names shall be printed on the official ballot.
If the
preliminary election results in a tie vote among candidates for nomination
receiving the lowest number of votes which, but for said tie vote, would
entitle a person receiving the same to have his name printed upon the official
ballot for the election, all candidates participating in said tie vote shall
have their names printed upon the official ballot, although in consequence
there be printed thereon candidates to a number exceeding twice the number to
be elected.
(d) Nomination of Candidates, Conditions
Making Preliminary Election Unnecessary -- If at the expiration of the time
for filing statements of candidates to be voted for at any preliminary election
not more than twice as many such statements have been filed with the city clerk
for an office as candidates are to be elected to such office, the candidates
whose statements have thus been filed shall be deemed to have been nominated to
said office, and their names shall be voted on for such office at the
succeeding regular election, and the city clerk shall not print said names upon
the ballot to be used at said preliminary election and no other nomination to
said office shall be made. If in consequence it shall appear that no names are
to be printed upon the official ballot to be used at any preliminary election
in any ward or wards of the city, no preliminary election shall be held in any
such ward or wards.
Ballot
Position -- The order in which names
of candidates appear on the ballot for each office in a regular city election
shall be determined by a drawing by lot conducted by the city clerk in the
presence of such candidates or their representatives.
Whenever a
special election is to be held for the office of mayor under the provisions of
section 3-11(a), no preliminary election shall be held. All candidates who file
nomination papers which are certified by the board of registrars of voters to
contain the number of signatures of voters required by section 8-3(a) shall be
entitled to have their names appear upon the ballot for the said election. The
candidate who receives the highest number of votes shall be declared elected.
The
territory of the city shall be divided into five wards so established as to
consist of as nearly an equal number of inhabitants as it is possible to
achieve based on compact and contiguous territory, bounded insofar as possible
by the center line of known streets or ways or by other well-defined limits.
Each ward shall be divided into voting precincts in accordance with state
statutes. The city council shall from time to time review such wards to insure
their uniformity in number of inhabitants.
Code reference--Wards and precincts generally, § 7-15 et seq.
Except as
expressly provided in the charter and authorized by state law, all city
elections shall be governed by the laws of the commonwealth relating to the
right to vote, the registration of voters, the nomination of candidates, the
conduct of preliminary, regular, and special elections, the submission of
charter amendments and other propositions, the counting of votes, and the
declaration of results.
State
law reference(s)--Applicability of
state election laws, M.G.L.A. c. 43B, § 17.
__________
*Code
reference--Elections generally, Ch. 7.
__________
(a) Individual Petitions, Action
Discretionary -- The city council and the school committee shall receive
all petitions signed by one or more voters and addressed to either of them and
may, in their discretion, take such action in regard to such petitions as they
deem necessary and advisable.
(b) Group Petitions, Action Required -- The city council or the school committee
shall hold a public hearing and act with respect to every petition which is
addressed to it and which is signed by at least one hundred-fifty voters. The
hearing shall be held by the city council or the school committee, or in either
case, by a committee or subcommittee thereof, and the action by the city
council or school committee shall be taken not later than three months after
the petition is filed with the clerk of the council or secretary of the school
committee. Hearings on two or more petitions filed under this section may be
held at the same time and place. The clerk of the council or the secretary of
the school committee shall mail notice of the hearing to the ten petitioners
whose names first appear on each such petition at least seven days before the
hearing. The city council or the school committee shall publish in one or more
local newspapers a general summary of the subject matter of such petitions and
a notice stating: (1) the times and places where copies of the citizen
petitions are available for inspection by the public, and (2) the date, time,
and place not less than two weeks after such publication, when a public hearing
on said petitions will be held by the city council or school committee.
(a) Commencement of Proceedings --
Initiative procedures shall be started by the filing of an initiative petition
with the clerk of the council or [the] secretary of the school committee[,] as may be. The petition shall be addressed to
the city council or to the school committee, shall contain a request for
passage of a particular measure set forth in the petition, and shall be signed
by not less than ten per cent of the total number of voters. Signatures to
initiative petitions need not be all on one paper. All such papers pertaining
to any one measure shall be fastened together and shall be filed in the office
of the registrars of voters as one instrument, with the endorsement thereon of
the name and address of the person designated as filing the same. With each
signature to the petition shall be stated the place of residence of the signer,
giving the street and number, if any.
Within five
days after the filing of said petition[,] the registrars of voters shall
ascertain by what number of voters the petition is signed, and what percentage
that number is of the total number of voters, and shall attach thereto their
certificate showing the result of such examination.
The
registrars of voters shall hold the petition and their certificate available
for public inspection during ordinary office hours for two full days, and
unless written objections to the certificate of the registrars of voters are
filed by a voter within said period, the registrars of voters
certificate shall be deemed conclusive. If objections are so filed, they shall
be disposed of forthwith in the manner provided by general laws, chapter 53.
If no
objections are so filed, the registrars of voters shall forthwith transmit the
said certificate with the said petition to the city council or to the school
committee, according as the petition is addressed, and at the same time shall
send a copy of said certificate to the person designated on the petition as
filing the same.
(b) Referral to City Solicitor -- If
the registrars of voters determine that a sufficient number of the signers are
voters, the clerk of the council or the secretary of the school committee shall
transmit a copy of the petition to the city solicitor. Within fifteen days
after his receipt of the petition the city solicitor shall advise the clerk of
the council or the secretary of the school committee in writing whether the
measure may be proposed by initiative procedures and whether it may lawfully be
passed by the city council or the school committee. If the opinion of the city
solicitor is that the measure may not lawfully be passed, he shall state his
reason or reasons therefor in his reply. The clerk of
the council or the secretary of the school committee shall furnish a copy of
the solicitor's opinion to the person designated on the petition as filing the
same and to the first ten petitioners.
(c) Action on Petition -- Within
thirty days after an initiative petition is presented to the city council or
the school committee, and after publication and a public hearing, in the same
manner as provided in section 2-11(d) for ordinances and loan orders, the city
council or the school committee shall act with respect to the initiative
measure by passing it without change, or by rejecting it, or by passing some
other measure stated to be in lieu thereof. The passage of a measure in lieu of
an initiative measure shall be deemed a rejection of the initiative measure. If
the city council or the school committee fails to act with respect to the
initiative measure as required by this section within thirty days after
presentation, the measure shall be deemed to have been rejected on the
thirtieth day after presentation. If an initiative measure is rejected, the
clerk of the council or secretary of the school committee shall promptly give
written notice of that fact to the first ten petitioners. Initiative measures
shall not be subject to charter objections as provided in section 2-11(c).
(d) Supplemental Petitions -- Within
forty-five days after notice of the rejection of an initiative measure has been
given by the clerk of the council or secretary of the school committee, a
supplemental initiative petition addressed to the city council or the school
committee may be filed in the office of the registrars of voters. The supplemental
initiative petition shall be signed by a number of additional voters which is
at least equal to five per cent of the total number of voters. If the number of
signatures to a supplemental initiative petition is deemed sufficient by the
registrars of voters, the city council shall provide for submission of the
initiative measure to the voters at the next regular city election. The
provisions of section 9-2(a) shall apply insofar as applicable to such
petition.
(e) Immediate Submission to Voters --
If the supplemental initiative petition is signed by a number of additional
voters which is at least equal to ten per cent of the total number of voters as
aforesaid, the city council shall call a special election to be held on a
Tuesday fixed by it not less than thirty nor more than forty-five days after
the date of the certificate hereinbefore mentioned, and shall submit the
proposed measure without alteration to a vote of the voters at that election;
provided, that if any city election is otherwise to occur within one hundred
and twenty-five days after the date of said certificate, the city council may,
at its discretion, omit calling the special election and submit the proposed
measure to the voters at such approaching election.
0 (f) Publication
-- The full text of the measure shall be published in at least one local
newspaper at least seven days before the election at which the question is to
appear on the ballot.
(g) Form of Ballot -- The ballots
used when voting upon a proposed measure under this section shall contain a
question in substantially the following form:
Shall the
following measure which was proposed by an initiative petition take effect?
(Text of
measure or a fair, concise summary prepared by the city solicitor and approved
by the registrars of voters) Yes No
(h) Time of Taking Effect -- If a
majority of the votes cast on the question is in the affirmative the measure
shall be deemed to be effective forthwith, unless a later date is specified in
the measure.
State
law reference(s)--Provisions relating
to initiative petitions, M.G.L.A. c. 43, § 37 et seq.
(a) Referendum Petition, Effect on Final
Approval -- If, within twenty-one days after the final approval of any
measure by the city council or by the school committee, a petition signed by
voters equal in number to at least ten percent of the total number of voters,
and addressed to the city council or to the school committee as the case may
be, protesting against such measure or any part thereof taking effect, is filed
in the office of the registrars of voters the same shall thereupon and thereby
be suspended from taking effect. The city council or the school committee, as
the case may be, shall forthwith reconsider such measure or part thereof; and
if such measure or part thereof is not entirely rescinded, the city council
shall submit the same, by the method herein provided, to a vote of the voters
either at the next regular city election, or at a special election which may,
in its discretion, be called for the purpose, and such measure or part thereof
shall forthwith become null and void unless a majority of the voters voting on
the same at such election vote in favor thereof.
(b) Certain Initiative Procedures to
Apply -- The petition described in this section shall be termed a
referendum petition and insofar as applicable sections 9-2(a), (b), and (f),
shall apply to the procedure in respect thereto, except that the words
"measure or part thereof protested against" shall for this purpose be
understood to replace "measure" in said section whenever it may
occur, and "referendum" shall be understood to replace the word
"initiative" in said section.
State
law reference(s)--Provisions relating
to referendum petitions, M.G.L.A. c. 43, § 42 et seq.
None of the
following measures shall be subject to initiative or referendum procedures: (1)
proceedings relating to the organization or operation of the city council or
school committee, (2) an emergency measure adopted in conformity with the
charter, (3) the city budget or the school committee budget as a whole, (4)
revenue loan orders, (5) any appropriations for the payment of the city's debts
or obligations, (6) appropriations of funds necessary to implement a written
agreement executed under collective bargaining, (7) any proceedings, or part
thereof, relating to the election, employment, appointment, suspension,
transfer, demotion, removal or discharge of any city officer or employee, (8)
any proceedings repealing or rescinding a measure, or a part thereof, which is
protested by referendum procedure and (9) any proceeding providing for the
submission or referral of a matter to the voters at an election.
The city
council may, of its own motion, and shall, upon request of the school committee
if a measure originates with that committee and pertains to the affairs under
its administration, submit to a vote of the voters for adoption or rejection at
a general or special city election any proposed measure, or a proposition for
the repeal or amendment of any measure, in the same manner and with the same
force and effect as are hereby provided for submission on petition.
If two or
more proposed measures passed at the same election contain conflicting
provisions, only the one receiving the greater number of affirmative votes
shall take effect.
At each
regular city election there may appear on the ballot up to three non-binding
advisory questions to determine voter sentiment. Two of these questions shall
be proposed by the city council and shall deal with the affairs of the city in
general. The third question may be posed by the school committee and shall, if
so used, deal with a question relating to affairs under its jurisdiction. In
the event that the city council or the school committee do not use the
questions allowed them under this section, the city council or school committee
may propose up to three questions.
Within
three months following the organization of the city government following each
election the city council or the school committee shall take up the subject
matter of the advisory questions which were proposed by it and act upon their
merits.
Nothing in
this section shall preclude the public from initiating an advisory question
under General Laws chapter 53 section 18A and article 9 of the city charter.
(Referendum
of 11-3-87)
The holder
of any elective office may be removed at any time by the voters qualified to
vote at city elections, and the procedure to effect his removal shall be as
follows: a petition signed by a number of the voters of the city qualified to
vote at city elections equal to at least twenty per cent of the aggregate
number of registered voters in the city, and demanding an election of a
successor of the person sought to be removed, shall be filed in the office of
the city clerk. The petition shall contain a general statement of the grounds
for which the removal is sought. It need not be on one paper, but may consist
of several distinct papers, each containing the said demand, and substantially
upon the same grounds; and all papers containing such demand and statement,
which in any one day shall be filed in the office of the city clerk, shall be
deemed parts of the same petition. Each signer shall add to his signature his
place of residence, on the preceding first day of January, giving the street and
the street number if any. One signer of every such paper shall make oath upon
his information and belief, before a notary public or a justice of the peace,
that the statements therein made are true, and that each signature to the paper
is the genuine signature of the person whose name it purports to be.
Within ten
days after the date of filing the petition, the city clerk, with the assistance
of the registrars of voters, shall examine the petition to ascertain whether or
not it is signed by the required number of qualified voters, as above
described, and shall attach to the petition a certificate, showing the result
of his examination.
If the
petition is certified by the city clerk to be sufficient, he shall present the
same to the city council without delay, and the municipal council shall call an
election so demanded, and fix a date for holding the same, which shall not be
less than thirty nor more than forty-five days after the date of the
presentation of the petition by the city clerk to the municipal council. The
city clerk shall make or cause to be made all arrangements for holding such
election, and the same shall be held and conducted, returns thereof made and
the results thereof declared in all respects as in the case of other city
elections. The successor of any elected official so removed shall hold the
office during the unexpired term of his predecessor. Any person sought to be
removed may be a candidate at the election, and unless he requests otherwise in
writing, the city clerk shall place his name on the official ballots without
nomination. The candidate receiving the highest number of votes shall be
declared elected. If some person other than the incumbent received the highest
number of votes, the incumbent shall thereupon be deemed to be removed from
office. In case a person, other than the incumbent, receiving the highest
number of votes shall fail to make oath before the city clerk or a justice of
the peace, within five days after his election, faithfully to perform the
duties of the office, the office shall be deemed vacant. If the incumbent
receives the highest number of votes, he shall continue in office until the end
of the term which he was serving at the time of the said election, unless
sooner removed therefrom by new and like proceedings.
The name of no candidate, other than that of the person sought to be removed,
shall be printed on the official ballots to be used at the election, unless the
candidate be nominated as hereinbefore provided, at a preliminary election for
nomination.
No recall
petition shall be filed against an elected official of said city within three
months after he takes office, nor in the case of an
officer subjected to a recall election and not removed thereby, until at least
six months after that election.
No person
who has been recalled from an office in said City of
(Referendum
of 11-5-85)
(a) In General -- This Charter may be
replaced, revised or amended in accordance with the procedures made available
by article LXXXIX (eighty-nine) of the amendments to the state constitution and
any legislation enacted to implement the said amendment.
(b) Periodic Review -- The city
council standing committee on ordinances and administration shall in each year
ending in zero review the charter and submit a report with recommendations to
the full city council concerning any proposed amendments or revisions to the
charter.
The
provisions of the charter are severable. If any provision of the charter is
held invalid, the other provisions of the charter shall not be affected
thereby. If the application of the charter or any of its provisions to any
person or circumstances is held invalid, the application of the charter and its
provisions to other persons and circumstances shall not be affected thereby.
To the
extent that any specific provision of the charter shall conflict with any
provision expressed in general terms, the specific provision shall prevail.
A copy of
all rules and regulations adopted by any city agency shall be filed in the
office of the city clerk and made available for review by any person who
requests such information and no such rule or regulation shall become effective
until it is so filed.
The city
council shall at five year intervals cause to be prepared a proposed revision
or recodification of all city ordinances which shall
be submitted to the city council for reenactment. The city council shall adopt
the proposed revision or recodification with or
without amendment prior to the expiration of the calendar year in which it is
submitted to them. Such revisions or recodifications
shall be prepared under the supervision of the city solicitor, or if the city
council so directs, by special counsel retained for that purpose. Copies of the
revised or recodified ordinances shall be made
available for distribution, provided however, that a charge not to exceed the
actual cost per copy of reproduction may be charged.
In each
year between such reenactments[,] an annual supplement
shall be published which shall contain all ordinances and amendments to
ordinances adopted in the preceding year.
(a) Meetings -- All multiple-member
bodies of the city, whether elected or appointed or otherwise constituted,
shall meet regularly at such times and places within the city as they may
prescribe. Special meetings of any multiple-member body shall be held on the
call of the respective chairman or by one-third of the members thereof by
written notice delivered in hand or to the residence or place of business of
each member at least twenty-four hours in advance of the time set. A copy of
the said notice shall also be posted on the city bulletin board(s). Special
meetings of any multiple-member body shall also be called within one week after
the date of the filing with the city clerk of a petition signed by at least one
hundred fifty voters and which states the purpose or purposes for which the
meeting is to be called. Except as otherwise authorized by general laws, all
meetings of all multiple-member bodies shall be open to the public and to the
press.
(b) Rules and Journal -- Each
multiple-member body shall determine its own rules and order of business unless
otherwise provided by the charter or by law and shall provide for keeping a
journal of its proceedings. These rules and journals shall be a public record,
and certified copies of each shall be placed on file in the office of the city
clerk and in the Sawyer Free Library.
(c) Voting -- If requested by any
member, any vote of any multiple-member body shall be taken by a roll call vote
and the ayes and nays shall be recorded in the journal, provided, however, that
if the vote is unanimous, only that fact need be recorded.
Each
multiple-member body shall establish and maintain, by its own rules, a list of
specific types of actions which will require an accompanying statement of
purpose. The statement of purpose shall contain the reasons why the majority of
the multiple-member body voted for or against. Such statements shall be entered
upon the records of the multiple-member body, in full, for the purpose of
providing guidance to future bodies regarding matters that might again be
brought before the body, matters that might be the subject of court action, or
any other matter requiring the intent of the members of the multiple-member
body when voting.
(d) Quorum -- A majority of the
members of a multiple-member body shall constitute a quorum, but a smaller
number may adjourn from time to time. No other action without a quorum shall be
valid or binding unless ratified by the affirmative vote of the majority of the
full multiple-member body.
(e) Filings with Multiple-Member Bodies
-- Unless otherwise provided by statute, the charter, or by ordinance, all
applications or petitions which are to be acted upon by a multiple-member body
shall be made in the first instance with and to the full multiple-member body.
A record shall be made in the minutes of the receipt of all such applications
or petitions. The multiple-member body may, upon such receipt, by vote, refer
such matters to a sub-committee, or to a paid employee for negotiation,
solicitation or further information, or otherwise, to report back to the full
multiple-member body before any final action is taken on the matter.
Words
importing the singular number may extend and be applied to several persons or
things; words importing the plural number may include the singular; and words
importing the masculine gender shall include the feminine gender.
All
references to the general laws contained in the charter refer to the general
laws of the
Unless
another meaning is clearly apparent from the manner in which the word is used,
the following words as used in the charter shall have the following meaning:
(a) Charter -- The word "charter"
shall mean this charter and any amendments to it made through any of the
methods provided under Article LXXXIX (eighty-nine) of the amendments to the
State Constitution.
(b) City
-- The word "city" shall mean the City of
(c) City Agency -- The words
"city agency" shall mean any board, commission, committee, department
or office of the city government.
(d) Emergency -- The word
"emergency" shall mean a sudden, unexpected, unforeseen happening,
occurrence, or condition which necessitates immediate action.
(e) Full Council -- The words
"full council" shall mean the entire authorized complement of the
city council notwithstanding any vacancies which might exist.
(f) Initiative Measure -- The words
"initiative measure" shall mean a measure proposed by initiative
procedures under the charter.
(g) Local Newspaper -- The words
"local newspaper" shall mean a newspaper of general circulation
within the City of
(h) Majority Vote -- The words
"majority vote" shall mean a majority of those present and voting,
provided that a quorum of the body is present.
(i) Measure
-- The word "measure" shall mean an ordinance adopted or which could
be adopted by the city council, or an order, resolution, vote or other
proceeding adopted or which could be adopted by the city council or the school
committee.
(j) Multiple-Member
Body -- The words "multiple-member body" shall mean any appointed
body consisting of two or more members.
(k) Planning Board -- The words
"planning board" shall mean any other board or office performing the
duties of a planning board for the city.
(l) Referendum Measure -- The words
"referendum measure" shall mean a measure protested by referendum
procedures under the charter.
(m) Voters -- The word
"voters" shall mean registered voters of the City of
Every
person who is elected, including those elected by the city council, or
appointed by the mayor to an office shall receive a certificate of such election
or appointment from the city clerk.
Except as otherwise provided by law, before performing any act under
his election or appointment, he shall take and subscribe to an oath to qualify
him to enter upon his duties. A
record of the taking of such oath shall be made by the city clerk. An oath
required by this section may be administered by the mayor or any officer
authorized by law to administer oaths.
State
law reference(s)--Oath of office for
city officers, M.G.L.A. c. 41, § 107.
All
ordinances, rules, regulations and resolutions of the city which are in force
at the time the charter is adopted, not inconsistent with the provisions of the
charter, shall continue to be in force until amended or repealed; provided,
however, that the mayor shall be deemed to be the city manager wherever such
officer is referred to in any law, ordinance, rule, regulation or resolution.
All city agencies
shall continue to perform their duties until reappointed, re-elected, or until
successors to their respective positions are duly appointed or elected or their
duties have been transferred to another city agency.
Any person
holding an office or position in the administrative service of the city, or any
person serving in the employment of the city shall retain such office, position
or employment and shall continue to perform his duties until provisions shall
have been made for the performance of the said duties by another person or
agency; provided, however, that no person in the permanent full-time service or
employment of the city shall forfeit his pay grade or time in service. All such
persons shall be retained in a capacity as similar to their former capacity as
is practicable.
All
records, property, and equipment whatsoever, of any city agency or part
thereof, the powers and duties of which are assigned in whole or in part to
another city agency shall be transferred forthwith to the city agency to which
such powers and duties are transferred and assigned.
All
official bonds, recognizances, obligations, contracts
and other instruments entered into or executed by or to the city before the
adoption of the charter, and all taxes, special assessments, fines, penalties,
forfeitures incurred or imposed, due or owing to the city, shall be enforced
and collected, and all writs, prosecutions, actions and causes of action,
except as herein otherwise provided, shall continue without abatement and
remain unaffected by the charter; and no legal act done by or in favor of the
city shall be rendered invalid by the adoption of the charter.
(a) Certain Special Laws Partially
Repealed -- The following special laws, insofar as they confer a power on
the City of Gloucester which the city would not otherwise be permitted to exercise
under the constitution or general laws are retained; otherwise, they are hereby
repealed, it being the explicit intent of this paragraph that portions of any
special laws retained which limit or restrict a power conferred or the manner
in which it is to be exercised be repealed and that powers so conferred are to
be exercised in accordance with the charter:
Chapter
365, Acts of 1853; Chapter 143, Acts of 1869;
Chapter
451, Acts of 1895; Chapter 137, Acts of 1917;
Chapter 14, Acts of 1925; Chapter 224, Acts of 1925;
Chapter
260, Acts of 1956; Chapter 343, Acts of 1956;
Chapter
522, Acts of 1958; Chapter 339, Acts of 1959;
Chapter 631, Acts of 1963; Chapter 693, Acts of 1967.
(b) Certain Special Laws Repealed --
The following special laws are hereby repealed:
Chapter
130, Acts of 1859; Chapter 222, Acts of 1864;
Chapter
226, Acts of 1890; Chapter 389, Acts of 1890;
Chapter
441, Acts of 1896; Chapter 323, Acts of 1900;
Chapter
254, Acts of 1917; Chapter 100, Acts of 1965;
Chapter 559, Acts of 1965; Chapter 751, Acts of 1967.
(c) Certain Special Laws Repealed -
Action Taken Thereunder Preserved -- The
following special laws are hereby repealed; provided, however, such action
shall not be construed to revoke, or to invalidate or otherwise alter things
done in compliance with or under the authority of such special laws heretofore:
Chapter
371, Acts of 1869; Chapter 246, Acts of 1873;
Chapter
167, Acts of 1881; Chapter 191, Acts of 1886;
Chapter
128, Acts of 1888; Chapter 64, Acts of 1889;
Chapter
127, Acts of 1891; Chapter 326, Acts of 1891;
Chapter
106, Acts of 1895; Chapter 459, Acts of 1897;
Chapter
352, Acts of 1902; Chapter 176, Acts of 1908;
Chapter
611, Acts of 1908; Chapter 351, Acts of 1914;
Chapter
396, Acts of 1914; Chapter 142, Acts of 1917;
Chapter 188,
Acts of 1917; Chapter 63, Acts of 1920;
Chapter
409, Acts of 1923; Chapter 32, Acts of 1924;
Chapter 60, Acts of 1924; Chapter 464, Acts of 1924;
Chapter 48, Acts of 1926; Chapter 98, Acts of 1927;
Chapter
124, Acts of 1930; Chapter 345, Acts of 1930;
Chapter
221, Acts of 1931; Chapter 121, Acts of 1935;
Chapter
160, Acts of 1938; Chapter 109, Acts of 1941;
Chapter
135, Acts of 1943; Chapter 34, Acts of 1943;
Chapter
338, Acts of 1948; Chapter 161, Acts of 1949;
Chapter
175, Acts of 1949; Chapter 390, Acts of 1949;
Chapter
619, Acts of 1950; Chapter 188, Acts of 1951;
Chapter
295, Acts of 1951; Chapter 234, Acts of 1952;
Chapter
161, Acts of 1953; Chapter 322, Acts of 1954;
Chapter 97, Acts of 1955; Chapter 177, Acts of 1955;
Chapter
206, Acts of 1955; Chapter 442, Acts of 1955;
Chapter
443, Acts of 1955; Chapter 363, Acts of 1956;
Chapter
180, Acts of 1957; Chapter 414, Acts of 1957;
Chapter 81, Acts of 1959; Chapter 203, Acts of 1961;
Chapter
329, Acts of 1963; Chapter 544, Acts of 1968;
Chapter 347,
Acts of 1969; Chapter 383, Acts of 1970;
Chapter
390, Acts of 1970; Chapter 500, Acts of 1970;
Chapter 275, Acts of 1972; Chapter 142, Acts of 1974.
(d) Certain Special Laws Recognized and Retained: The following special laws are
hereby specifically recognized and retained:
Chapter 8, Acts of 1840;
Chapter
124, Acts of 1866; Chapter 245, Acts of 1867;
Chapter
133, Acts of 1869; Chapter 59, Acts of 1871;
Chapter
366, Acts of 1873; Chapter 285, Acts of 1874;
Chapter 82, Acts of 1875; Chapter 116, Acts of 1876;
Chapter
103, Acts of 1882; Chapter 109, Acts of 1883;
Chapter
176, Acts of 1892; Chapter 379, Acts of 1902;
Chapter
230, Acts of 1920; Chapter 68, Acts of 1960;
Chapter
698, Acts of 1965; Chapter 872, Acts of 1966;
Chapter
257, Acts of 1966; Chapter 343, Acts of 1967;
Chapter
441, Acts of 1970; Chapter 741, Acts of 1970;
Chapter 1024, Acts of 1973.
(e) The following special laws are
recognized, but no action is taken with regard to any of them:
Chapter
190, Acts of 1867; Chapter 279, Acts of 1901;
Chapter
254, Acts of 1902; Chapter 271, Acts of 1917;
Chapter
161, Acts of 1924; Chapter 1, Acts of 1927;
Chapter 50, Acts of 1927;
Chapter
310, Acts of 1939; Chapter 105, Acts of 1948;
Chapter
786, Acts of 1951; Chapter 625, Acts of 1953;
Chapter
252, Acts of 1954; Chapter 261, Acts of 1958;
Chapter
382, Acts of 1962; Chapter 754, Acts of 1969;
Chapter 87, Acts of 1970; Chapter 198, Acts of 1970;
Chapter
545, Acts of 1972; Chapter 921, Acts of 1973;
Chapter 1065, Acts of 1973.
(Referendum
of 11-8-83)
This
charter shall become fully effective on July 1, 1976 except to the extent that
other provision is made in the following schedule:
(a) As soon as practicable after the
election at which the charter is adopted a special districting committee shall
be organized by the city clerk, who shall serve as chairman, ex-officio, to
consist of one member of the city council, one member of the school committee,
one member of the board of assessors, one member of the board of registrars of
voters, one member of the planning board, one member of the charter commission,
one member of the Gloucester League of Women Voters, one member of the
Gloucester Chamber of Commerce each of the aforesaid to be designated by the
body of which they are a member and a representative, for the purpose of
drawing the five wards from which city councillors are to be elected.
The ward
lines shall be drawn so as to contain as nearly an equal number of inhabitants
as is possible in compact and contiguous territory, bounded insofar as possible
by the center line of known streets or ways or by other well defined limits.
Not later
than January 31st in the year following the year in which the charter is
adopted the special districting committee shall prepare and publish a
preliminary report concerning a proposed division of the city into five wards
as required by section 2-1. Not later than February 15th in said year, the
special districting committee shall conduct a public hearing on the proposed
wards. The final report of the special districting committee shall be filed not
later than March 15th in the year following the year in which the charter is
adopted.
The five
wards established under this section shall be effective for the purpose of a
special municipal election to be held on June 8, 1976 for the purpose of
electing a mayor and a city council in accordance with the provisions of the
charter. A preliminary election, for the purpose of nominating certificates,
shall be held on the fourth Tuesday preceding the special election (May 11,
1976). These elections shall be held in accordance with the provisions of this
charter. The terms of office of members of the school committee shall not be
affected, but the terms of all city councillors elected at the election at which
the charter was adopted shall be terminated upon the inauguration and the
assumption of their respective powers and duties by the mayor and the
The special
districting committee in establishing the five wards for the election of city
councillors shall, if the precinct lines to be used for the election of
representatives to the general court have already been fixed, use such precinct
lines in the formation of the five wards.
(b) Until such time as some other salary is
established, in accordance with the provisions of the charter, the following
salaries shall serve for the respective offices: for the office of the mayor,
$19,500.00 per annum; for the office of member of the city council, $1,500.00
per annum; for the office of administrative assistant to the mayor, $18,500.00
per annum.
(c) The provisions of 2-5 (vi) shall not be effective until January 1, 1977.
(d) The term of office of the city clerk and
the city auditor, in the manner provided in section 2-7, shall begin in 1978.
In order to achieve this cycle the election of the clerk and the auditor in
1977, when the current terms expire, shall be for one year.
(e) The provisions of section 3-8(a) shall
not be effective until July 1, 1977.
(f) Any multiple-member body which is not
in conformity with the provisions of section 7-4 shall be brought into
conformity with the said election by the appointment of successor members to such
bodies for terms of three years, or such lesser number of years as will cause
as nearly an equal number of terms as is possible to expire each year.
(g) The provisions of section 7-6(a, iii)
shall not become effective until January 1, 1977; the other portions of the
said section shall, however, become effective on July 1, 1976.
(h) The designer selection committee which
is required by section 7-17 shall be appointed prior to October 1, 1976;
provided, however, that following the adoption of the charter no architect
shall be engaged by the city until such a committee has been appointed to make
the selection.
(i) All rules
and regulations of the several city agencies which are not on file in the
office of the city clerk, as required by section 10-4, shall be deemed to have
been properly filed if they are placed on file within ninety days following the
date of the election at which the charter is approved by the voters.
(j) As soon as practicable following their
inauguration in July, 1976, the city council shall provide for the review and recodification of city ordinances in the manner provided in
section 10-5 and shall provide for such revision to be effective on January 1,
1977.
(k) City agencies shall have until January
1, 1977 to adopt the rules required by section 10-6(c).
PART II CODE O