Powers. The legislative powers of the Town are vested in the Town Council. The Town Council shall exercise its legislative powers in the manner determined by the Town Council, unless some other provision is made by a general law or by the Home Rule Charter.
The Town Council shall provide for the exercise of any power and for the performance of any duty or obligation which is imposed upon the Town by law and for which no provision is made by a general law, or by the Home Rule Charter.
The Town Council may adopt ordinances which originate with the Mayor on any subject relating to the affairs of the Town. The Town Council may adopt ordinances which originate with it, or are filed on petition of voters as provided in Section 7-7 of the Home Rule Charter, on any subject relating to the affairs of the Town except as provided in Section 5-1 of the Home Rule Charter. All ordinances adopted by the Town Council shall be presented to the Mayor as provided in Section 3-7 of the Home Rule Charter.
In accordance with the provisions of Sections 2-10 and 3-3 of the Home Rule Charter, the Town Council shall review every appointment made by the Mayor to any Town office, as a department head, or as a member of a multiple-member body, but not including any position which is subject to the civil service law. The Council may, by a two-thirds vote of the full Town Council (eight members so voting), reject any such appointment. A vote to reject must be taken within 30 days following the date on which notice of the proposed appointment was filed with the Clerk of the Council.
The Town Council may approve, in whole or in part, or disapprove by rejecting, any appropriation order filed by the Mayor. The Town Council may approve, in whole or in part, or disapprove by rejecting, any loan authorization request filed by the Mayor.
The Town Council may adopt resolutions honoring distinguished persons or events, requesting the Mayor to take certain action or to cease certain actions currently being taken, to request certain other levels of government to take certain action or to cease certain actions currently being taken, or for any other purpose as seems worthy of the attention of the Town Council. Resolutions adopted by the Town Council shall not require the consent of the Mayor.
The Town Council may take such other actions, by vote or otherwise, as may from time to time seem to be in the best interests of the Town.
In accordance with Section 2-7 of the Home Rule Charter, the Town Council, when authorized by a majority vote, may make investigations into the affairs of the Town and into the conduct and performance of any Town agency and for this purpose may subpoena witnesses, administer oaths and require the production of evidence. The Town Council may require the Mayor, any Town officers, agencies or Town employees to appear before it and to produce such information as the Town Council may require in relation to the municipal services, functions, powers, or duties which are within the scope of responsibility of such person or agency and which are also within the jurisdiction of the Town Council.
Composition. The Town Council is comprised of 11 members. Five of the members, known as "Councilors-at-Large," are nominated and elected by and from the voters at large. The six remaining members, known as "District Councilors," are nominated and elected from the six districts into which the Town is divided, in accordance with Section 7-5 of the Home Rule Charter.
Compensation. The Town Council shall receive an annual salary as follows:
[Amended 6-3-2019 by Order No. 18-126]
All meetings of the Town Council and of every committee or subcommittee of the Town Council are subject to the so-called Open Meeting Law. All matters which come before the Town Council will be decided by a majority vote unless some other provision is made by general law, ordinance or the Home Rule Charter.
A journal shall be kept in which shall be recorded, for every meeting, the names of the Council members present, the subject acted upon, and the votes and other official actions taken by the Town Council at each such meeting.
Regular meetings of the Council shall be held in the Council Chambers the first and third Monday evenings of each month, commencing at 7:30 p.m. and shall adjourn no later than 11:00 p.m. The Clerk of the Council shall notify the Councilors of all meetings of the Council by notice delivered personally or by an officer or sent by mail. Whenever the first or third Monday evening of the month is a holiday, the regular meeting shall be held on the first or third Tuesday evening of the month at 7:30 p.m. unless otherwise provided for by motion. During July and August, regular meetings shall be suspended by a majority vote of the Council. The Council may, by majority vote, dispense with any regular meeting, or change the day and hour of holding or adjournment of any regular meeting. No Town Council meeting shall be scheduled on the eve of a preliminary or final election in the Town of Weymouth. These meetings will be held on the first Monday following said election.
Executive session may be entered only after the Council has first convened in open session for which notice has been appropriately posted. The President shall cite the reason for going into executive session and indicate whether the Council shall leave executive session for the purpose of adjournment or return to open session. The President shall ask for a roll call vote of the Council. The vote of each member is entered into the minutes, with a majority necessary to initiate executive session.
Editor's Note: See MGL c. 30A, §§ 18 to 25.
Election; term of office. The Council shall choose a Town Auditor to serve for a term of three years and until a successor is chosen and qualified.
Powers and duties. The Town Auditor shall from time to time throughout the year examine, or cause to be examined, the books and accounts of all officers and agencies of the Town which are entrusted with the receipt, custody or expenditure of money, including original bills on which money has been or may be paid from the Town treasury, the documentation submitted by the agency requesting payment of any such bills supporting payment, warrants for the payment of bills and the canceled checks on file in the office of the Treasurer. The Town Auditor shall, at least once in every fiscal year, verify, or cause to be verified, the cash balance of each such officer and agency by the actual count of the cash on hand and by reconciliation of bank balances.
The Town Auditor shall keep the Town Council President fully informed as to the results of this activity and, not less frequently than quarterly, shall make a detailed report summarizing the results of this overview to the Budget/Management Committee of the Town Council. All reports to the full Council shall be made through the Budget/Management Committee of the Town Council.
The Town Auditor shall conduct, or cause to be conducted, financial and performance audits following government auditing standards as promulgated by the Comptroller General of the United States.
The Town Auditor shall make periodic reports to the Town Council in such detail and with such frequency as the Town Council shall, by ordinance, by rule or by other vote, direct.
The Town Auditor shall review each request which is made to the Town Council by the Mayor for the transfer of funds or for a supplementary appropriation.
When the proposed Capital Improvement Program is submitted to the Town Council by the Mayor, as required by Home Rule Charter Section 6-10, the Town Auditor shall review the proposed Capital Improvement Program.
The Town Auditor shall review the annual budget when the same is submitted to the Town Council by the Mayor, as required by Home Rule Charter Section 6-5.
The Town Auditor shall manage the day-to-day operations of the office staff under the jurisdiction of the Town Council, except for the staff managed by the Town Clerk.
The Town Auditor shall attend all meetings of the Town Council unless excused by the President of the Town Council. The Town Auditor shall attend all meetings of the Town Council Budget/Management Committee unless excused by the Chair of such Committee. The Town Auditor shall attend other meetings of committees as requested by the President of the Town Council.
Salary. The salary of the Town Auditor shall be incorporated into the Town's classification system. The Town Auditor shall receive as additional compensation the same sick days, holidays, vacation days, personal days and other benefits as are afforded to other municipal employees generally.
Election; term of office. The Town Council shall elect a Town Clerk to serve for a term of three years and until a successor is chosen and qualified.
Powers and duties. The Town Clerk shall be the head of the agency known as the "Office of the Town Clerk." The Town Clerk may also serve as the Clerk of the Council for a term of two years and until a successor is chosen and qualified.
The office of the Town Clerk is the primary agency responsible for serving the public through the provision of public records, vital statistics and general information, taking great care in preserving and maintaining official records of the Town and making them readily accessible to the public.
The Office of the Town Clerk is the keeper of vital statistics of the Town and of ancient and public records.
The Town Clerk records and preserves original birth, marriage and death records, and is responsible for the maintenance, disposition and preservation of municipal archival records.
The Town Clerk is the custodian of the Town Seal and the official records of the Town.
The Town Clerk administers the oath of office to elected and appointed officers, notifies the Office of the Mayor whenever the resignation of any official appointed by the Mayor is received, and furnishes copies of the open meetings and conflicts of interest laws to elected and appointed officers.
The Town Clerk, as Chair of the Board of Registrars of Voters, supervises the registration of voters and the maintenance of street lists and lists of voters.
The Town Clerk supervises the conduct of all elections held in the Town.
The Town Clerk serves as Chief Election Officer for all elections, prepares ballots, voting lists for all precincts (currently 18 voting precincts), hires and trains wardens and precinct workers for the polls and is responsible for the extra workers for morning deliveries of election materials to the polls and for extra workers for election nights.
The Town Clerk serves as Chair of the Municipal Board of Licensing Commissioners.
The Town Clerk posts meeting notices for agencies and departments of the Town and other governmental bodies and notifies the Town Council of such meetings.
The Town Clerk is the custodian of books, reports, and laws received from the commonwealth, and custodian of the rules, regulations and minutes of multiple-member bodies.
Pursuant to MGL c. 40A, the Zoning Act, the Town Clerk receives copies of applications and petitions to the Planning Board and Zoning Board of Appeals.
The Town Clerk keeps the legislative record of the Town Council, and notifies the Director of Municipal Finance of the Town Council votes authorizing appropriations and assessments.
The Town Clerk issues such licenses, certificates and permits as may be provided by law, including those for marriage, birth, death, raffles, bazaars, businesses, and dogs.
The Town Clerk records state and federal tax liens, and Uniform Commercial Code filings.
Salary. The salary of the Town Clerk shall be incorporated into the Town's classification system. The Town Clerk shall receive as additional compensation the same sick days, holidays, vacation days, personal days and other benefits as are afforded to other municipal employees generally.
Every proposed ordinance, appropriation order or loan authorization [except emergency ordinances as provided in Section 2-9(a) of the Home Rule Charter] shall be published once in full in a local newspaper, and in any additional manner as may be provided by ordinance, at least 10 days before its final passage. After final passage it shall be posted on the Town bulletin board and otherwise published as may be required by ordinance; provided, however, that whenever a proposed ordinance or codification of ordinances or other measure would exceed in length more than 10 column inches of ordinary newspaper notice print, then in lieu of publication in a local newspaper, the same may be published and made available at the office of the Town Clerk in booklet or pamphlet form, and if so published and available at least 10 days before its final passage shall be deemed sufficient notice. Whenever the Town Council provides for publication in a booklet or pamphlet in lieu of the newspaper publication, it shall, at least 10 days before final passage, publish in a local newspaper a general summary of the proposed ordinance, or ordinances, and a notice stating the times and places at which copies of the booklet or pamphlet may be obtained by the public.
Every publication of a proposed ordinance, appropriation order or loan authorization shall bear this disclaimer: "This publication is subject to the disclaimer set forth at length in Section 2-305 of the Code of Ordinances."
Each time the statement "This publication is subject to the disclaimer set forth at length in Section 2-305 of the Code of Ordinances" appears in a publication, it shall be understood such reference is intended to give notice to the public that the following disclaimer is applicable: