The inhabitants of the city of Fall River, within the territorial
limits established by law, shall continue to be a municipal corporation,
a body corporate and politic, under the name "City of Fall River".
This instrument shall be known and may be cited as the City
of Fall River Home Rule Charter.
The administration of the fiscal, prudential and municipal affairs
of the city of Fall River shall be vested in an executive branch headed
by a mayor and a legislative branch consisting of a city council.
The legislative branch shall never exercise any executive power and
the executive branch shall never exercise any legislative power.
Subject only to express limitations on the exercise of any power
or function by a municipal government in the constitution or General
Laws, it is the intention and the purpose of the voters of Fall River,
through the adoption of this charter, to secure for themselves and
their government all of the powers it is possible to secure as fully
and as completely as though each power were specifically and individually
enumerated in this charter.
The powers of the city of Fall River under this charter are to be construed liberally in favor of the city and the specific mention of any particular power is not intended to limit the general powers of the city as stated in section
1-4.
Subject only to express limitations in the constitution or General
Laws, the city of Fall River may exercise any of its powers or perform
any of its functions and may participate in the financing thereof,
jointly or in cooperation, by contract or otherwise, with the commonwealth
or any of its agencies or political subdivisions, or with the United
States government or any of its agencies.
As used in this charter, the following words shall, unless the
context clearly requires otherwise, have the following meanings:
(1) "Charter", this charter and any adopted amendments to it.
(2) "City", the city of Fall River.
(3) "City agency", any multiple-member body, any department, division
or office of the city of Fall River.
(4) "City officer or department head", a person having charge of a city
office or department.
(5) "City website", a site established and maintained by the city as
its online repository of municipal information, whether on the internet
or accessed through electronic means or another comparable technology.
(6) "Emergency", a sudden, generally unexpected occurrence or set of
circumstances demanding immediate action.
(7) "Full city council", the entire authorized membership of the city
council, notwithstanding any vacancy which might exist.
(8) "Full multiple-member body", the entire authorized membership of
a multiple-member body, notwithstanding any vacancy that exists.
(9) "Full school committee", the entire authorized membership of the
school committee, notwithstanding any vacancy that exists.
(10) "general laws", laws enacted which apply alike to all cities and
towns, to all cities, or to a class of 2 or more cities, or to a class
of cities and towns of which Fall River is a member.
(11) "General Laws", the General Laws of the Commonwealth of Massachusetts,
a codification and revision of statutes enacted on December 22, 1920,
and including all amendments thereto subsequently adopted.
(12) "Initiative measure", a measure proposed by the voters through the
initiative process provided under this charter.
(13) "Local newspaper", a newspaper of general circulation within Fall
River, with either a weekly or daily circulation.
(14) "Majority vote", when used in connection with a meeting of a multiple-member
body, shall mean a majority of those present and voting, unless another
provision is made by ordinance or by such body's own rules; provided,
however, that General Laws related to any vote to meet in executive
session shall always require a majority of the full multiple-member
body.
(15) "Measure", any ordinance, order or other vote or proceeding adopted,
or which might be adopted, by the city council or the school committee.
(16) "Multiple-member body", any council, commission, committee, subcommittee
or other body consisting of 2 or more persons, whether elected, appointed
or otherwise constituted, but not including the city council, the
school committee or an advisory committee appointed by the mayor.
(17) "Organization or reorganization plan", a plan submitted by the mayor
to the city council which proposes a change in the organization or
the administrative structure of the city administration or organization
or a change in the way in which municipal services are delivered.
(18) "Quorum", a majority of all voting members of a multiple-member body
unless some other number is required by law or by ordinance.
(19) "Recall", an election to remove an elected official from office before
the expiration of the term for which elected.
(20) "Referendum measure", a measure adopted by the city council or the
school committee that is protested under the referendum procedures
of this charter.
(21) "Remove from the city" when a person ceases to be domiciled within
the territorial limits of the city.
(22) "Resolution" a formal expression of opinion or a ceremonial declaration
voted by the city council not requiring the signature of the mayor
and having no force of law.
(23) "Voters", registered voters of the city of Fall River.
(24) "Year", a calendar year, unless otherwise specified.