(a)
Commencement - Initiative procedures shall be started by the filing
of a proposed initiative petition with the city clerk or the secretary
of the school committee. The petition shall be addressed to the city
council or to the school committee, shall contain a request for the
passage of a particular measure which shall be set forth in full in
the petition and shall be signed by at least 250 voters. At least
25 signatures must be certified from each ward. The petition shall
be accompanied by an affidavit signed by 10 voters and containing
their residential address stating those voters will constitute the
petitioners committee and be responsible for circulating the petition
and filing it in proper form.
(b)
Referral to City Solicitor - The city clerk or the secretary of the
school committee shall, immediately following receipt of a proposed
petition, deliver a copy of the petition to the city solicitor. The
city solicitor shall, within 15 days following receipt of a copy of
the petition, in writing, advise the city council or the school committee
and the city clerk whether the measure as proposed may lawfully be
proposed by the initiative process and whether, in its present form,
it may lawfully be adopted by the city council or the school committee.
If the opinion of the city solicitor is that the measure is not in
proper form, the reply shall state the reasons for this opinion, in
full. A copy of the opinion of the city solicitor shall be mailed
to the members of the petitioners committee.
(c)
Submission to City Clerk - If the city solicitor determines that
the petition is in a proper form, the city clerk shall provide blank
forms for the use of subsequent signers and shall print at the top
of each blank form a fair, concise summary of the proposed measure,
as determined by the city solicitor, together with the names and addresses
of the first 10 voters who signed the originating petition. The city
clerk shall notify the first 10 voters that the blank forms are issued.
Within 30 days following the date of the notice, the petition shall
be returned and filed with the city clerk signed by at least 10% of
the total number of registered voters as of the date of the most recent
regular city election. Signatures to an initiative petition need not
all be on one paper, but all papers pertaining to any one measure
shall be fastened together and shall be filed as a single instrument,
with the endorsement on it of the name and address of the person designated
as filing the papers. With each signature on the petition there shall
also appear the street and number of the residence of each signer.
Within 10 days following the filing of the petition, the registrars
of voters shall ascertain the number of voters that signed the petition
and the percentage that number is of the total number of voters as
of the date of the most recent regular city election. The registrars
of voters shall attach to the petition a certificate showing the results
of its examination and shall return the petition to the city clerk
or the secretary of the school committee, depending on how the petition
is addressed. A copy of the registrars of voters' certificate shall
also be mailed to the members of the petitioners committee.
(d)
Action on Petitions - Within 30 days following the date a petition has been returned to the city clerk or the secretary of the school committee and after publication under subsection (f), the city council or the school committee shall act with respect to each initiative petition by passing it without change, by passing a measure which is stated to be in lieu of the initiative measure or by rejecting it. The passage of a measure which is in lieu of an initiative measure shall be deemed to be a rejection of the initiative measure. If the city council or the school committee fails to act within 30 days following the date the measure is returned to it, the measure shall be deemed to have been rejected on the 30th day. If an initiative measure is rejected, the city clerk or the secretary of the school committee shall promptly give notice of that fact to the petitioners committee by certified mail.
(e)
Supplementary Petitions - Within 60 days following the date an initiative petition has been rejected, a supplemental initiative petition may be filed with the city clerk or the secretary of the school committee, but only by persons constituting the original petitioners committee. The supplemental initiative petition shall be signed by a number of additional voters equal to at least 5% of the total number of registered voters as of the date of the most recent regular city election. The signatures on the initial petition filed under subsection (c) and the signatures on the supplemental petition filed under this subsection, taken together, shall contain the signatures of at least 15% of the total number of registered voters as of the date of the most recent regular city election. If the number of signatures to this supplemental petition is found to be sufficient by the city clerk, the city council shall call a special election to be held on a date not less than 35 nor more than 90 days following the date of the certificate of the city clerk that a sufficient number of registered voters have signed the supplemental initiative petition and shall submit the proposed measure, without alteration, to the voters for determination, but if a city election is to be held within 120 days following the date of the certificate, the city council may omit calling the special election and cause the question to appear on the election ballot at the approaching election for determination by the voters.
(f)
Publication - The full text of an initiative measure which is submitted
to the voters shall be published in at least one local newspaper not
less than seven nor more than 14 days preceding the date of the election
at which the question is to be voted upon. Additional copies of the
full text shall be available for distribution to the public in the
office of the city clerk.
(g)
Form of Question - The ballots used when voting on a measure proposed
by the voters 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?
[Here insert the fair, concise summary of the proposed measure, as determined by the city solicitor as referenced in subsection (c)].
○ YES ○ NO
(a)
Petition, Effect on Final Vote - If, within 21 days following the
date on which the city council or the school committee has voted finally
to approve any measure, a petition signed by a number of voters equal
to at least 15% of the total number of voters as of the date of the
most recent regular city election and addressed to the city council
or to the school committee, protesting against the measure or any
part of it is filed with the secretary of the school committee or
city clerk, the effective date of that measure shall be temporarily
suspended. The school committee or the city council shall immediately
reconsider its vote on the measure or part of it and, if the measure
is not rescinded, the city council shall provide for the submission
of the question for a determination by the voters either at a special
election, which it may call at its convenience, within such time as
may be requested by the school committee or at the next regular city
election; provided, however, that pending this submission and determination,
the effect of the measure shall continue to be suspended.
(b)
Certain Initiative Provisions to Apply - The petition described in this section shall be termed a referendum petition, and section 9-1, as the section relates to the filing and certification of signatures, shall apply to such referendum petitions, except that the words "measure or part thereof protested against" shall be deemed to replace the word "measure" and the word "referendum" shall be deemed to replace the word "initiative." Subject to section 9-5, the measure or part thereof protested against shall be null and void unless a majority of those voting on the question shall vote in favor of the measure or part thereof protested against at the election.
None of the following shall be subject to the initiative or
the referendum procedures:
(a)
Proceedings relating to the internal organization or operation of
the city council or of the school committee;
(b)
An emergency measure adopted under the charter;
(c)
The city budget or the school committee budget as a whole;
(d)
Any appropriation for the payment of the city's debt or debt service;
(e)
An appropriation of funds to implement a collective bargaining agreement;
(f)
Proceedings relating to the appointment, removal, discharge, employment,
promotion, transfer, demotion or other personnel action;
(g)
Any proceedings repealing or rescinding a measure or part of it which
is protested by referendum procedures;
(h)
Any proceedings providing for the submission or referral to the voters
at an election; and
(i)
Resolutions and other votes constituting ordinary, routine matters
not suitable as the subject of a referendum petition.
(a)
Application - Any holder of an elected office in the city, with more
than six months remaining in the term of office for which the officer
was elected, may be recalled therefrom by the voters of the city in
the manner provided in this section. No recall petition shall be filed
against an officer within six months after taking office.
(b)
Recall Petition - A recall petition may be initiated by the filing
of an affidavit containing the name of the officer sought to be recalled
and a statement of the grounds for recall, provided that the affidavit
is signed by at least 500 voters for the office of mayor or councilor-at-large
and at least 300 voters for any other elected officials; provided,
however, that the signatures for a recall petition for the office
of ward city councilor shall be from certified voters in the ward
for which the councilor was elected. The city clerk shall thereupon
deliver to those voters making the affidavit copies of petition blanks
demanding such recall, copies of which printed forms the city clerk
shall keep available. The blanks shall be issued by the city clerk,
with signature and official seal attached thereto. The blanks shall
be dated, shall be addressed to the city council and shall contain
the names of all the persons to whom the blanks are issued, the number
of blanks so issued, the name of the person whose recall is sought,
the office from which removal is sought and the grounds of recall
as stated in the affidavit. A copy of the petition shall be entered
in a record book to be kept in the office of the city clerk. Said
recall petition shall be returned and filed with the city clerk within
28 days after the filing of the affidavit, and shall have been signed
by at least 20% of the voters of the city for any officer elected
at large and signed by at least 20% of the voters of the ward for
an officer elected by ward. The city clerk shall submit the petition
to the registrars of voters and the registrars shall, within five
days, certify thereon the number of signatures which are names of
voters.
(c)
Recall Election - If the petition shall be found and certified by
the city clerk to be sufficient, the city clerk shall submit the same
with such certificate to the city council within five days, and the
city council shall give written notice of the receipt of the certificate
to the officer sought to be recalled and shall, if the officer does
not resign within five days thereafter, order an election to be held
on a date fixed by the city council not less than 64 days and not
more than 90 days after the date of the city clerk's certificate that
a sufficient petition has been filed; provided, however, that if any
other city election is to occur within 120 days after the date of
the certificate, the city council shall postpone the holding of the
recall election to the date of such other election. If a vacancy occurs
in said office after a recall election has been ordered, the election
shall not proceed as provided in this section.
(d)
Office Holder - The incumbent shall continue to perform the duties
of the office until the recall election. If said incumbent is not
recalled, the incumbent shall continue in office for the remainder
of the unexpired term subject to recall as before. If recalled, the
officer shall be deemed removed and the office vacant. The vacancy
created thereby shall be filled under articles 2, 3, 4 and 5 of this
charter for filling vacancies in such office. A person chosen to fill
the vacancy caused by a recall shall hold office until the next regular
city election. Should the person be a candidate in the subsequent
election, that person will not be allowed to have "candidate for reelection"
appear on the ballot at such election.
(e)
Ballot Proposition - The form of the question to be voted upon shall
be substantially as follows:
"Shall [here insert the name and title of the elective officer
whose recall is sought] be recalled?"
Yes No
If a majority of the votes cast upon the question of recall
is in the affirmative, such elected officer shall be recalled.
(f)
Repeat of Recall - In the case of an officer subjected to a recall
election and not recalled thereby, no recall petition shall be filed
against such officer until at least 270 days after the election at
which the officer's recall was submitted to the voters of the city.
(g)
Office Holder Recalled - No person who has been recalled from an
office or who has resigned from office while recall proceedings were
pending against such person shall be appointed to any city office
within two years after such recall or such resignation.
For any measure to be effective under initiative procedure and
for any measure to be declared null and void under a referendum procedure
and for any recall election, at least 20% of the voters as of the
most recent regular city election must vote at an election that includes
on the ballot submission to the voters of one or more initiative or
referendum or recall questions.
The city council may on its own motion and shall at the request
of the school committee, if a measure originates with that body and
pertains to affairs under its jurisdiction, submit to the voters at
a regular city election for adoption or rejection a measure in the
same manner and with the same force and effect as are provided for
submission by initiative or referendum petitions.
If two or more measures passed at the same election contain
conflicting provisions, only the one receiving the greatest number
of affirmative votes shall take effect.
