[Amended 11-5-1985]
(a) 
Composition -- The total number of councilors shall be eleven (11) and be composed as follows: Eleven (11) at large councilors to be elected from the voters townwide. Agawam is divided into seven precincts. The town council shall be the judge of the election and qualification of its members.
(b) 
Eligibility -- Only voters who at all times during their term of office shall be and remain residents of the town shall be eligible to hold the office of councilman. A member of the town council shall, notwithstanding his removal from one precinct to another, continue to serve and to perform his official duties during his term of office.
(c) 
Election and Term -- The terms of councilmen shall be two years beginning the first secular day of January after their election, and until their successors are qualified.
After a majority of the councilmen elect have been sworn, the town council shall be called together by the oldest member elected to serve who shall preside. The town council shall then elect, from among its members, a president and a vice-president to serve at the pleasure of the town council. The president shall preside at meetings of the town council and perform such other functions as may be assigned by the charter, by ordinance or by vote of the town council. The vice-president shall act as president during the absence or disability of the president.
The town council shall by ordinance determine an annual salary for councilmen, but no ordinance establishing or increasing such salary shall become effective until the date of commencement of the terms of councilmen elected at the election held at least six months following the adoption of such ordinances.
Except as otherwise prohibited by law or the Charter, all powers of the town shall be vested in the town council which shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the town by law.
No councilman shall while a member of the town council, hold any other office or position, the salary or compensation for which is payable out of the town treasury. No former councilman shall hold any compensated appointive town office or town employment until one year after the expiration of his service on the town council.
(a) 
If a vacancy shall occur, by failure to elect or otherwise, in the office of councilor during the first eighteen (18) months of the term for which councilors are elected, no special election shall be held. The City Clerk shall notify the Council forthwith of such vacancy. The Council shall, within fifteen (15) days of such notification, choose as councilor for the vacancy, whichever of the defeated candidates for the office of council at the regular municipal election at which councilors were last elected, who is eligible and willing to serve, and who received the highest number of votes at such election. If the defeated candidate who received the highest number of votes is ineligible or unwilling to serve, the Council shall choose the defeated candidate with the next highest number of votes, as so on, until such vacancy is filled, provided such person remains eligible and willing to serve and provided such person received votes at least equal to thirty percent of the vote total received by the person receiving the largest number of votes for the office of councillor at said election. If there is a tie in the election the City Clerk shall conduct an automatic recount of the election. If the recount does not break the tie a toss of the coin shall determine the outcome. The Clerk will then list the order of the candidates. If no defeated candidate is eligible and willing to serve, the Council shall by majority vote of the full council select a registered voter of the Town of Agawam to fill such vacancy.
[Amended 2-14-2001[1]]
[1]
Editor's Note: This amendment was approved by voter referendum 11-6-2001.
(b) 
If such vacancy[2] shall occur after eighteen calendar months of the term for which councilmen are elected, no special election shall be held. In the case of a vacancy in the office of precinct councilman, the person elected at the next regular town election to the seat in which the vacancy exists shall immediately be sworn and shall, in addition to the term for which he was elected, serve for the balance of the then unexpired term. In the case of a vacancy in the office of councilman at large, the person elected at the next regular town election who receives the highest number of votes for councilman at large and who is not then an incumbent member of the town council shall immediately be sworn and shall, in addition to the term for which he was elected, serve for the balance of the then unexpired term. If no incumbent councilmen at large or no incumbent councilman from the precinct in which the vacancy exists is elected at such election for such office, the candidate who receives the highest number of votes shall be deemed to be elected to the seat in which the vacancy exists and shall serve as aforesaid.
[2]
Editor's Note: So in original. Probably should read "vacancy."
(a) 
Exercise of Powers -- Except as otherwise prohibited by law or the charter, the legislative powers of the town council may be exercised in a manner determined by it.
(b) 
Quorum -- A majority of the full town council shall constitute a quorum. The affirmative vote of a majority of the full town council shall be necessary to adopt any appropriation order. Except as otherwise provided by law or the charter, any other motion or measure may be adopted by a majority vote of those present.
(c) 
Rules of Procedure -- The town council shall from time to time establish rules for its proceedings.[1] Regular meetings of the town council shall be held at a time and place fixed by ordinance but which shall be not less frequent than once monthly. Special meetings of the town council may be held on the call of the president of the town council, or on the call of any five or more members, by written notice delivered to the place of residence or business of each member at least twenty-four hours in advance of the time set. Except as otherwise authorized by General Laws all sessions of the town council shall be open to the public and press. Every matter coming before the town council for action shall be put to a vote, the result of which shall be duly recorded. A full, accurate, and up-to-date record of the proceedings of the town council shall be kept and shall be open to inspection by the public.
[1]
Editor's Note: See Ch. A184, Council Rules and Regulations.
(a) 
Town Accountant -- As soon as practicable after the town council has been organized, the town council shall elect a town accountant to hold office for the term of two years and until his successor is qualified.
The town accountant shall keep and have charge of the accounts of the town. He shall regularly audit the books and accounts of all town agencies, and he shall have such powers and perform such other duties as the town council may prescribe in addition to such duties as may be prescribed by law.
(b) 
Clerk of the Council -- As soon as practicable after the town council has been organized the town council shall elect a clerk of the council to hold office for the term of two years and until his successor is qualified. The clerk of the council shall give notice of all meetings of the town council to its members and to the public, keep a record of its proceedings and perform such duties as may be assigned by the charter, by ordinance or by other vote of the town council.
(c) 
Board of Appeals -- In January of each year the town council shall elect a voter for a term of three (3) years to serve as a member of the board of appeals. The board of appeals shall consist of three members elected by the town council for staggered three year terms. The town council shall also elect two persons as alternate members of the board of appeals for terms of three years which expire in different years.
The board of appeals shall hear appeals from actions taken by other town boards and officials under the building code, zoning ordinances, subdivision control regulations and other rules and regulations adopted regulating the use of land and buildings.[1]
[1]
Editor's Note: See Ch. 82, Building Construction; Ch. 180, Zoning; Ch. 159, Subdivision of Land.
(a) 
In General -- No measure shall be passed finally on the date on which it is introduced, except in cases of special emergency involving the health or safety of the people or their property. Except as otherwise provided by the charter, every adopted measure shall become effective at the expiration of thirty days after adoption or at any later date specified therein. Measures not subject to referendum shall become effective upon adoption. No ordinance shall be amended or repealed except by another ordinance adopted in accordance with the charter, or as provided in the initiative and referendum procedures.
(b) 
Emergency Measures -- An emergency measure shall be introduced in the form and manner prescribed for measures generally except that it shall be plainly designated as an emergency measure and shall contain statements after the enacting clause declaring that an emergency exists and describing its scope and nature in clear and specific terms. A preamble which declares and defines the emergency shall be separately voted on and shall require the affirmative vote of two-thirds of the town council. An emergency measure may be passed with or without amendment or rejected at the meeting at which it is introduced. No measure making a grant, renewal or extension, whatever its kind or nature, of any franchise or special privilege shall be passed as an emergency measure, and except as provided in general laws chapter 166, sections 70 and 71 (relating to utility lines), no such grant, renewal or extension shall be made otherwise than by ordinance. After its adoption, an emergency measure shall be published as prescribed for other adopted measures. It shall become effective upon adoption or at such later time as it may specify.
(c) 
Charter Objection -- On the first occasion that the question on adoption of measure is put to the town council, if a single member objects to the taking of the vote, the vote shall be postponed until the next meeting of the town council whether regular or special. If two or more other members shall join the member in his objection, such postponement shall be until the next regular meeting; but for an emergency measure at least four members in all must object. This procedure shall not be used more than once for any matter bearing a single docket number notwithstanding any amendment to the original matter.
The town council may delegate to one or more town agencies, the powers vested in the town council by the laws of the commonwealth to grant and issue licenses and permits, and may regulate the granting and issuing of license and permits by any such town agency, and may in its discretion, rescind any such delegation without prejudice to any prior action which has been taken.
The town council may require any town officer or member of a board or commission to appear before it, and give such information as it may require in relation to his office, its function, and performance. The town council shall have at least forty-eight hours written notice of the general scope of the inquiry which is to be made to any person it shall require to appear before it under this section.
The town council may make investigations into the affairs of the town and into the conduct of any town agency, and for this purpose may subpoena withesses,[1] administer oaths and require the production of evidence.
[1]
Editor's Note: So in original. Probably should read "witnesses."