(a)
Composition - There shall be a city council consisting of 9 members
elected at-large which shall exercise the legislative powers of the
city.
(b)
Term of Office - The term of office for city councilors shall be
2 years each, beginning on the first Monday in the January succeeding
the councilor's election, except when that first Monday falls
on a legal holiday, in which event the term shall begin on the following
day, and until successors have been qualified.
(c)
Eligibility - Any voter shall be eligible to hold the office of councilor-at-large. If a councilor-at-large removes from the city during the councilor's term, that office shall immediately be deemed vacant and filled in the manner provided in section 2-11. The city council shall determine whether a councilor has removed from the city.
(a)
Election and Term - As soon as practicable after the councilors-elect have been qualified following each regular city election, as provided in section 9-11, the members of the city council shall elect from among its members a president and vice-president who shall serve for a 1 year term. The method of election of the president and vice-president shall be prescribed within the rules of the city council.
(b)
Powers and Duties - The president shall prepare the agenda for city
council meetings. The president shall preside at all meetings of the
city council, regulate its proceedings, preserve decorum, and decide
all questions of order. The president shall appoint all members of
committees of the city council, whether special or standing, and such
other appointments as are established by the charter and ordinances.
In making appointments as established by the charter and ordinances,
the president shall appoint city residents. The president shall have
the same powers to vote upon measures coming before the city council
as any other member of the city council. The president shall perform
any other duties consistent with the office that are established by
charter, ordinance or other vote of the city council. The vice-president
shall preside in the absence of the president.
(a)
Holding Other City Position - Except as otherwise provided by the
charter, no member of the city council shall hold any other compensated
city position. No former member of the city council shall hold any
compensated appointed city position until 1 year following the date
on which the former member's service on the city council has
terminated. This section shall not prevent a city employee who vacated
a position in order to serve as a member of the city council from
returning to the same or other position upon the expiration of the
term for which that person was elected.
(a)
Salary - The members of the city council shall receive compensation
for their services as set by ordinance. No ordinance increasing or
reducing the compensation of the members of the city council shall
be effective unless it has been adopted during the first 18 months
of the term for which the council is elected, provides that the compensation
increase or reduction is to take effect upon the organization of city
government following the next regular city election, and is adopted
by a minimum of 6 votes of the city council.
(b)
Expenses - Subject to appropriation, the council members shall be
entitled to reimbursement of their actual and necessary expenses in
the performance of their duties. Actual and necessary expenses shall
be defined within the council's rules and regulations.
Except as otherwise provided by the General Laws or by this
charter, all powers of the city shall be vested in the city council
which shall provide for the performance of all duties and obligations
imposed upon the city by law.
(a)
Exercise of Powers - Except as otherwise provided by General Laws
or by this charter, the legislative powers of the city council may
be exercised in a manner determined by the city council.
(b)
Quorum - The presence of 5 city councilors shall constitute a quorum
for the transaction of business. Except as otherwise provided by the
General Laws or by this charter, the affirmative vote, taken by a
roll call vote, of 5 councilors shall be required to adopt any ordinance.
(c)
Rules of Procedure - The city
council shall adopt rules regulating the procedures of the city council,
which shall include, but not be limited to, the following rules:
(i)
Regular meetings of the city council shall be held at a time and place fixed by ordinance. All regular meetings of the city council shall provide for a period of public comment as required by section 9-18 of this charter; provided, however, the city council may promulgate rules that regulate the period of public comment as deemed appropriate.
(ii)
Special meetings of the city council shall be held at the call
of the president or at the call of any 3 or more members, for any
purpose. Notice of the meeting shall, except in an emergency, which
shall be determined by the president, be delivered to each member
at least 48 weekday hours in advance of the time set and shall specify
the date, time and location of the meeting and the purpose or purposes
for which the meeting is to be held. A copy of each notice shall immediately
be posted as the General Laws relative to such postings require.
(iii)
All sessions of the city council and of every committee or subcommittee
of the city council shall at all times be open to the public unless
otherwise permitted by law.
(iv)
A full, accurate, up-to-date account of the proceedings of the
city council shall be maintained by the city clerk, which shall include
a record of each vote taken and which shall be made available with
reasonable promptness following each meeting, but not later than the
next regularly scheduled meeting. The minutes of an executive session
shall be made available as soon as publication of the minutes would
not defeat the purpose of the executive session.
(a)
In General - The city council may make investigations into the affairs
of the city and into the conduct and performance of any city agency.
(b)
Information Requests - The city council may require a member of a
multiple-member body, city officer, or a city employee to appear before
the city council to give any information that the city council may
require in relation to the municipal services, functions and powers
or duties which are within the scope of responsibility of that person
and not within the jurisdiction of the school committee.
(c)
Mayor - The city council may request specific information from the
mayor on any municipal matter and may request that the mayor be present
to answer written questions relating to that information at a meeting
that the council may call within a reasonable time after the request
is made to the mayor. The mayor shall personally, or through a designee,
attend such meeting and respond to the questions. The mayor, or the
person designated to attend, shall not be required to answer questions
relating to any other matter. The council may further delineate procedures
under this provision in the council's rules.
(d)
Notice - The city council shall, by resolution, request the attendance
of any officer or employee of the city, but not including the school
committee or employees of the school department, to appear before
it under this section. The resolution shall include the subject on
which the city council seeks information and may contain specific
questions prepared by the council. No officer or employee called to
appear before the city council under this section shall be required
to respond to any question not relevant to the subject of the inquiry
as identified in the resolution. The mayor shall receive a copy of
all such resolutions.
Subject to appropriation, the city council may employ staff
as it deems necessary.
(a)
Measures - No measure shall be passed finally on the date on which
it is introduced, except in the case of an emergency. Except as otherwise
provided by the charter, every adopted measure shall become effective
at the expiration of 10 days after adoption or upon the signature
of the mayor, whichever occurs first. 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.
This section shall not apply to resolutions.
(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 the scope and nature of the emergency 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 a minimum of 6 members of the city council. An emergency measure
may be passed with an amendment or rejected at the meeting at which
it is introduced. No measure making a grant, renewal or extension,
whatever its kind or nature, or a franchise or special privilege shall
be passed as an emergency measure. Except as provided by the General
Laws, such grant, renewal or extension shall be made by ordinance.
An emergency measure shall become effective upon adoption or at such
later time as it may specify.
(c)
Charter Objection - On the first occasion that the question of adoption
of a measure is put to the city council, if a single councilor present
objects to the taking of the vote, the vote shall be postponed until
the next meeting of the city council, whether regular or special.
If more than 1 councilor present objects, such postponement shall
be until the next regular meeting. If it is an emergency measure,
at least 3 councilors must object. This procedure shall not be used
more than once for any specific matter notwithstanding an amendment
to the original matter. A charter objection shall have privilege over
all motions but must be raised prior to or at the call for a vote
by the presiding officer and all debate shall cease.
(d)
Posting - All adopted ordinances shall be posted on the city website
within 7 days of adoption, and copies of such documents shall be filed
in the office of the city clerk and the main public library.
The mayor shall refer to the city council and simultaneously
file with the city clerk, the name of each person the mayor desires
to appoint as a city officer, department head or as a member of a
multiple-member body. Appointments made by the mayor shall become
effective on the forty-fifth day after the date on which notice of
the proposed appointment was filed with the city clerk unless approved
or rejected by the city council within the 45 days. All individuals
appointed to a multiple-member body shall be residents of the city.
If an appointed individual removes from the city, the position shall
be immediately deemed vacant.
If a vacancy shall occur on the city council, the vacancy shall
be filled in descending order of votes received by the candidate for
the office of city councilor at the preceding city election who received
the highest number of votes without being elected, provided such candidate
remains eligible and willing to serve. The city clerk shall certify
this candidate to the office of city council and the candidate shall
be sworn to office immediately to serve for the balance of the unexpired
term. City councilors serving under this section shall not be entitled
to have the words "candidate for re-election" printed with that councilor's
name on the election ballot.
