This charter may be replaced, revised or amended in accordance
with any procedure made available under the state constitution or
by the General Laws.
The provisions of this charter are severable. If any provision
of this charter is held invalid the other provisions shall not be
affected by this holding. If the application of this charter, or any
of its provisions, to any person or circumstance is held invalid,
the application of the charter and its provisions to other persons
and circumstances shall not be affected thereby.
To the extent that a specific provision of this charter conflicts
with any provision expressed in general terms, the specific provision
of the charter shall prevail.
Unless an emergency exists, as determined by the mayor, a copy
of all rules and regulations adopted by a city agency shall be placed
on file in the office of the city clerk at least 5 days before such
rules or regulations are to become effective and shall be available
for review by any person who requests such information at any reasonable
time.
Not later than August 1, at 5-year intervals, in each year ending
in a 3 and 8, the mayor and city council shall provide for a review
to be made of some or all of the ordinances of the city to prepare
a proposed revision or recodification of them. The review of city
ordinances shall be under the supervision of the city attorney.
This review shall be made by a special committee to consist
of 7 members, all of whom shall be voters in the city. The committee's
members shall be appointed as follows: 5 shall be appointed by the
city council president and 2 shall be appointed by the mayor. At least
3 of the persons appointed by the city council president shall be
members of the city council and 2 shall be residents but shall not
be elected or appointed officers or employees of the city. The appointing
authority shall fill any vacancies within 21 days.
The special committee shall file its report with the city clerk
not later than October 1 in the year following the year in which the
committee is appointed. The recommendations of the special committee
shall appear on the city council's agenda for action before November
15 in such year, and if not so scheduled by the city clerk, the matter
shall come before the city council for action at its meeting next
held following November 15, and no other business shall be in order
until such report has been acted upon by roll call vote.
In each year between these reenactments, an annual supplement
shall be prepared which shall contain all ordinances and amendments
to ordinances adopted in the preceding year. Copies of the supplement
shall be made available to the public on the city website, and shall
be provided upon request at a cost not to exceed the actual cost of
the reproduction.
Not later than July 1, at 10-year intervals, in each year ending
in a 7, the mayor and city council shall provide for a review to be
made of the city charter. This review shall be made by a special committee
to consist of 7 members, all of whom shall be voters in the city.
The city council president shall appoint 4 members, 2 of whom shall
be councilors, and 2 of whom shall be residents but shall not be elected
or appointed officers of the city. The mayor shall make 2 appointments,
and the school committee vice-chair shall make 1 appointment. The
appointing authority shall fill any vacancies within 21 days.
The special committee shall file its report with the city clerk,
not later than August 1 in the year following the year in which the
committee is appointed. The recommendations of the special committee
shall appear on the city council's agenda for action before August
15 in such year and, if not so scheduled by the city clerk, the matter
shall come before the city council for action at its meeting next
held following August 15, and no other business shall be in order
until such report has been acted upon, by roll call vote. Copies of
any recommendations shall be made available to the public on the city
website, and shall be available upon request at a cost not to exceed
the actual cost of the reproduction.
(a)
Officers - All appointed multiple-member bodies shall annually elect
a chair, a vice-chair, a secretary and any other officer the body
deems necessary from among the body's membership, but not including
alternate members.
(b)
Meetings - All appointed multiple-member bodies of the city shall
meet regularly at the times and places that the multiple-member body,
by the body's own rules, shall prescribe. Special meetings of
any multiple-member body shall be held at the call of the chair or
by a majority of the members of the body. Notice of the meeting shall
be posted as required by law. Except as may otherwise be authorized
by law, all meetings of all multiple-member bodies shall at all times
be open to the public.
(c)
Meeting Documents and Submissions - Each appointed multiple-member
body shall determine its own rules and order of business. Each multiple-member
body shall provide for the keeping of agendas, minutes and related
submissions of its proceedings. All such documents shall be a public
record and certified copies shall be placed on file in the office
of the city clerk within a reasonable period from the date of approval.
(d)
Voting - If requested by a member, a vote of an appointed multiple-member
body shall be taken by a roll call vote and the vote of each member
shall be recorded in the minutes, but if the vote is unanimous, only
that fact need be recorded.
(e)
Quorum - A majority of the members of an appointed multiple-member
body shall constitute a quorum. Unless some other provision is made
by the multiple-member body's own rules while a quorum is present,
except on procedural matters, a majority of the full membership of
the body shall be required to vote on any matter representing an exercise
of the powers of the multiple-member body unless otherwise required
by the General Laws. General Laws related to a vote to meet in "executive
session" shall always require a majority of members of the body.
(f)
Residency - All members of multiple-member bodies must be residents
of the city at all times during their entire term. If a member of
a multiple-member body removes from the city during the term for which
appointed, such seat shall immediately be deemed vacant and filled
by the appointing authority.
(g)
Notice to Mayor - A multiple-member body may, by majority vote, send
a notice to the mayor if the extended absence of one or more members
is impeding the ability of such body to maintain a quorum, fulfill
its responsibilities, or otherwise preventing the body from taking
action in a timely manner.
All references to General Laws contained in the charter refer
to the General Laws of the commonwealth and are intended to refer
to and to include any amendments or revisions to such chapters or
sections or to the corresponding chapters and sections of any rearrangement,
revision or recodification of such statutes enacted or adopted subsequent
to the adoption of this charter.
In computing time under this charter the day of the act or event
after which the designated period of time begins to run shall not
be included. The last day of the period shall be included, unless
it is a Saturday, Sunday or legal holiday, in which event the period
shall be extended to the next day which is not a Saturday, Sunday
or legal holiday. When the period of time designated is fewer than
7 days, intermediate Saturdays, Sundays and legal holidays shall not
be included, when the period is 7 days or more, Saturdays, Sundays
and legal holidays shall be included.
A mayor-elect, the city council members-elect, and the school
committee members-elect shall, on the first Monday in the January
of each even-numbered year, meet and take an oath or affirmation to
the faithful discharge of the duties of their office by the city clerk.
If the first Monday in January of any even-numbered year falls on
a legal holiday, the oaths or affirmations shall be taken on the following
day.
Upon receiving the oath or affirmation, each official shall
document the same by signing an oath or affirmation that shall be
kept in a bound book maintained by the city clerk. In the case of
the absence of the mayor-elect or any member-elect of the city council
or school committee on the day the oath is administered, the oath
or affirmation may at any time thereafter be administered to that
person by the city clerk, the assistant city clerk, a judge of a court
of record or by a justice of the peace.
Every person who is elected or appointed to an office or as
a member of a multiple-member body shall receive a certificate of
that election or appointment from the city clerk. Except as otherwise
provided by law, every person who is elected or appointed to an office
or as a member of a multiple-member body, before performing any act
under this election or appointment, shall take and subscribe to an
oath or affirmation to qualify to enter upon the duties. A record
of this oath shall be kept by the city clerk.
Unless otherwise allowed by law or this charter, no person shall
simultaneously hold more than 1 city office or position of employment.
This section may be waived by the mayor upon the appointment of a
person to an additional office or position of employment by filing
a notice of the waiver with an explanation and justification with
the city clerk. Any hours worked in any part-time position shall not
be the same or otherwise conflict with the hours worked in a full-time
position.
An elected official who has been convicted of a state or federal
felony while holding office shall be deemed to have vacated the office.
It shall be the duty of the mayor to see that the charter is
faithfully followed and that all city agencies and city employees
comply with its provisions. Whenever it appears to the mayor that
a city agency or city employee is failing to follow this charter the
mayor shall, in writing, cause notice to be given to such city agency
or city employee directing compliance with the charter. If it shall
appear to the city council that the mayor personally is not following
the charter, the city council shall, by resolution, direct the attention
of the mayor to those areas in which it believes there is a failure
to comply with the charter. The procedures made available in chapter
231A of the General Laws may be used to determine the rights, duties,
status or other legal relations arising under this charter, including
any question of construction or validity which may be involved in
such determination.
Not later than February 1, at 10-year intervals, in each year
that ends in a 4, the mayor and city council shall appoint a special
committee to review the purpose and need for each appointed multiple-member
body of the city established by ordinance.
The review shall be made by a special committee to consist of
5 voters of the city, 3 of whom shall be appointed by the city council
president and 2 of whom shall be appointed by the mayor. The city
council president shall appoint 1 city councilor and 2 residents of
the city, who shall not be elected or appointed officers or employees
of the city. The appointing authority shall fill any vacancies within
21 days.
The special committee shall file a report outlining any findings
and recommendations for changes with the city clerk, not later than
April 1 in the year following the year the special committee is appointed.
The recommendations of the special committee shall appear on the city
council's agenda for action before April 15 in that year, and
if not so scheduled by the city clerk, the matter shall come before
the city council for action at its next meeting held following April
15, and no other business shall be in order until such report has
been acted upon by roll call vote.
All documents cited in this article as available for public
inspection shall be maintained in the office of the city clerk and
in the public library. The city clerk shall provide copies of documents
to the public library in a timely manner.
(a)
All city employees shall be considered municipal employees under
Chapter 268A of the General Laws and shall comply with the state conflict
of interest laws.
(b)
The mayor, city councilors, school committee members and members
of multiple-member bodies shall not seek to individually influence
the official acts of any city official, or to direct or request, except
in writing, the appointment or removal of any person to or from office,
or to interfere in any way with the performance of such officers of
their duties. This provision shall not prohibit:
(1)
assistance to constituents in their dealings with city officials
if constituent requests to the appropriate administrative officials
have been unsuccessful;
(2)
advocacy of particular outcomes on matters pending before the
city if the matter is of a general nature; or
(3)
submission of recommendations or references on behalf of a candidate
for city employment which are consistent with this charter.
The city council, the school committee, and all multiple-member
bodies shall develop and adopt rules or a policy addressing public
comment. The rules or policy shall require that public comment periods
appear on meeting agendas for all regular and special meetings. Public
comment shall not be limited to items on the agenda for any regular
meeting, provided the issues or concerns raised are within the jurisdiction
of the city council, school committee, or any multiple-member body,
respectively; public comment at any special meeting shall be limited
to items on the meeting agenda.
The rules or policy shall consider the convenience of the public
when scheduling such public comments periods. The city council, school
committee, and every multiple-member body shall post its public comment
rules or policy on the city website and shall, at least annually,
review the rules or policy and make revisions as needed.
No elected official other than the mayor shall be eligible to
participate in the city's health insurance and related benefit
programs; provided, however, that any other elected officials in office
at the time of this charter's adoption and who are receiving
such benefits shall continue to be eligible for the city's health
insurance and related benefit programs for as long as they are in
continuous elective service to the city.
