[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.
(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.
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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.
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(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.
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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]
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(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."
