The city council or the school committee shall hold a public
hearing and act with respect to every petition which is addressed
to it, which is signed by 100 or more registered voters, and which
seeks the passage of a measure. The hearing shall be held by the city
council or the school committee and the action by the city council
or the school committee shall be taken not later than 6 weeks after
the petition is filed with the city clerk or the vice chair of the
school committee. Hearings on 2 or more petitions filed under this
section may be held at the same time and place. The city clerk or
the vice-chair of the school committee shall mail notice of the hearing
to the 10 persons whose names appear first on the petition at least
7 days before the hearing. Notice, by publication, of all such hearings
shall be at public expense.
(a)
Commencement - Initiative procedures shall be started by the filing
of a proposed initiative petition with the city clerk or the vice-chair
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 addresses 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 Attorney - The city clerk or the vice-chair of the
school committee shall, immediately following receipt of a proposed
petition, deliver a copy of the petition to the city attorney. The
city attorney 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 attorney 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 attorney shall be mailed to
the members of the petitioners committee.
(c)
Submission to City Clerk - If the city attorney 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 attorney, together with the names and addresses of the
petitioners committee. The city clerk shall notify the petitioners
committee that the blank forms are issued. Within 120 days following
the date of the notice, the petition shall be returned and filed with
the city clerk signed by at least 10 per cent of the total number
of voters as of the date of the most recent regular city election.
Signatures to an initiative petition need not all be on a single paper,
but all papers pertaining to any single 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 board of election commissioners
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 board of election
commissioners shall attach to the petition a certificate showing the
results of its examination and shall return the petition to the city
clerk or the vice-chair of the school committee, depending on how
the petition is addressed. A copy of the board of election commissioners'
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 vice-chair of the school
committee, 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 thirtieth
day. If an initiative measure is rejected, the city clerk or the vice-chair
of the school committee shall promptly give notice of that fact to
the petitioners committee by certified mail.
(e)
Submission of Initiative Petition at Regular Municipal Election - If an initiative petition is certified as containing a minimum of 8 per cent of voters' signatures, but less than 15 per cent, such initiative shall be placed on the next regular municipal election ballot. All provisions of section 8-2 as may be applicable remain in effect, including but not limited to sections 8-2 (a), (b), (c), (d), (g), (h) and (i).
(f)
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 vice-chair 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 per cent of the total number of 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 per cent of the total number of 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 60 days following the date of the certificate of the city clerk that a sufficient number of 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 90 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.
(g)
Publication - The full text of an initiative measure which is to
be submitted to the voters shall be published in at least 1 local
newspaper not less than 7 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, and the text shall appear
on the city website.
(h)
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:
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Shall the following measure which was proposed by an initiative
petition take effect?
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(Here insert the fair, concise summary of the proposed measure,
as determined by the city attorney as referenced in subsection [c]).
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○ YES
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○ NO
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(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 12 per cent 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 vice chair 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 insofar as applicable Section 8-2 (a) describing the manner in which a petition is prepared and filed, 8-2 (b) providing for referral to the city attorney for a legal opinion, 8-2 (g) providing for publication of the text of the measure and 8-2 (h) providing for the form of ballot question shall apply to such referendum petitions, except that the words "measure or part thereof protested against" shall be deemed to replace the word "measure" in said sections wherever it may occur and the word "referendum" shall be deemed to replace the word "initiative" wherever it may occur in said sections.
None of the following shall be subject to the initiative or
the referendum procedures:
(1)
proceedings relating to the internal organization or operation of
the city council or of the school committee;
(2)
an emergency measure adopted under the charter;
(3)
the city budget or the school committee budget as a whole;
(4)
any appropriation for the payment of the city's debt or debt
service;
(5)
an appropriation of funds to implement a collective bargaining agreement;
(6)
proceedings relating to the appointment, removal, discharge, employment,
promotion, transfer, demotion or other personnel action;
(7)
any proceedings repealing or rescinding a measure or part of it which
is protested by referendum procedures;
(8)
any proceedings providing for the submission or referral to the voters
at an election; and
(9)
resolutions and other votes constituting ordinary, routine matters
not suitable as the subject of a referendum petition.
(a)
Application - Any holder of an elective office may be recalled therefrom
by the voters of the city as herein provided. No recall petition shall
be filed against an officer within 3 months after the officer takes
office, nor in the case of an officer subjected to a recall election
and not removed thereby, until at least 270 days after that election.
(b)
Recall Petition - Any 10 voters of the city may file with the city
clerk an affidavit containing the name of the officer or officers
sought to be recalled and a statement of the grounds for recall. The
city clerk shall thereupon deliver to said voters making the affidavit
copies of petition blanks demanding such recall, printed forms of
which the city clerk shall keep available. Said blanks shall be issued
by the city clerk with the clerk's signature and official seal
attached thereto. Said blanks shall be dated and addressed to the
city council, and shall contain the names of the 10 persons to whom
they are issued, the name of the officer (or officers) whose recall
is sought, the grounds of recall as stated in the affidavit, and shall
demand the election of a successor to such office. A copy of the petition
shall be entered in a record book to be kept in the office of the
city clerk. The recall petition shall be returned and filed with the
city clerk within 20 days after the filing of the affidavit and shall
have been signed by at least 5 per cent of the voters of the city
who shall add to their signatures the street and number of their residences.
The city clerk shall submit the petition to the board of election
commissioners in the city and the board shall forthwith certify thereon
the number of signatures which are names of voters of the city.
(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 the clerk's certificate to the city council without delay,
and said city council shall forthwith give written notice of the receipt
of the certificate to the officer or officers sought to be recalled,
and shall, if the officer (or officers) does not resign within 5 days
thereafter, thereupon order a recall election to be held on a Tuesday
fixed by said city council at least 65 days after the date of the
city clerk's certificate that a sufficient petition is filed;
provided, however, that if any other city election is to occur within
75 days after the date of the certificate, the city clerk shall postpone
the holding of said 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 nevertheless proceed as provided in this
provision.
(d)
Recall of One or More Office Holders - The question of recalling
any number of officers may be submitted at the same election. For
each officer whose recall is sought there shall be a separate ballot.
The nomination of candidates to succeed an officer whose recall is
sought, the publication of the warrant for said recall election, and
the conduct of such election, shall all be in accordance with the
provisions of the General Laws.
(e)
Office Holder - The office holder shall continue to perform the duties
of the office to which elected until the recall election. If not recalled,
the office holder shall continue in office for the remainder of the
unexpired term, subject to recall as the charter provides. If recalled,
the office holder shall be deemed removed upon the qualification of
the successor elected to the office, who shall hold office during
the unexpired term. If the successor fails to qualify within 30 days
after receiving notification of election to the office, the recalled
office holder shall thereupon be deemed removed and the office vacant.
(f)
Recall Election Ballots - Ballots used in a recall election shall
submit the following propositions in the order indicated:
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For the recall of (name of officer)
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Against the recall of (name of officer)
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Immediately at the right of each proposition there shall be
a square in which the voter, by making a cross mark (X) may vote for
either of such propositions. Under the proposition shall appear the
word "Candidates" and the direction "Vote for one" and beneath this
the names of candidates nominated as hereinbefore provided.
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(g)
Office Holder Recalled - Any person who has been recalled from an
office, or who has resigned from office while recall proceedings were
pending against said office holder shall not be appointed to any office
within 2 years after such recall or such resignation.
For any measure to be effective under the initiative procedure,
and for any measure to be declared null and void under a referendum
procedure, at least 20 per cent of the voters as of the most recent
regular city election must vote at any election that includes on the
ballot submission to the voters of 1 or more initiative or referendum
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 any measure in the
same manner and with the same force and effect as are hereby provided
for submission by petitions of voters.
If 2 or more measures passed at the same election contain conflicting
provisions, only the one receiving the greatest number of affirmative
votes shall take effect.
