(a)
Composition. There shall be a city council that shall exercise the legislative powers of the city. The city council shall consist of 11 members, 4 of whom shall be councilors-at-large who shall be nominated and elected by and from the voters at large and 7 of whom shall be ward councilors who shall be nominated and elected by the voters of each ward; provided, however, that 1 ward councilor shall be elected from each of the 7 wards into which the city is divided under section 7-5.
(b)
Term of Office. The term of office for all councilors shall be 2
years, beginning on the first Monday after the first Tuesday in January
in the year following their election and until their successors have
been qualified.
(c)
Eligibility. Any voter shall be eligible to hold the office of councilor-at-large. A ward councilor shall, at the time of election, be a voter of the ward from which the ward councilor is elected; provided, however, that if a ward councilor shall remove to another ward in the city during the first 12 months of the term of office, the office shall be deemed vacant and the balance of the unexpired term shall be filled in the manner provided in section 2-11. If such a removal occurs after the first 12 months of the term of office, the ward councilor may continue to serve for the balance of the term for which the ward councilor is elected. If a councilor-at-large or a ward councilor removes from the city during the councilor's term, the office shall immediately be deemed vacant and filled in the manner provided in said section 2-11.
(a)
Election and Term. Following each biennial election and as soon as practicable after the councilors-elect have been qualified as provided in section 9-10, the members of the city council shall elect from among its members a president who shall serve for 1 year. The method of election of the president shall be prescribed in the rules of the city council.
(b)
Powers and Duties. The president shall preside at all meetings of
the city council, regulate its proceedings and decide all questions
of order. The president shall appoint all members of all committees
of the city council, whether special or standing. The president shall
have the same powers to vote upon the 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 may be provided
by charter, ordinance or other vote of the city council.
(a)
Holding Other City Office or Position. No member of the city council
shall hold any other city office or city employment for which a salary
or other emolument is payable from the city treasury. No former member
of the city council shall hold a compensated appointed city office
or appointed city employment before 1 year following the date on which
the former member's service on the city council ended. This subsection
shall not prevent a city officer or employee who has vacated a position
in order to serve as a member of the city council from returning to
the same office or position of city employment held at the time the
position was vacated, but no such person shall be eligible for any
other municipal position before 1 year following the termination of
service as a member of the city council.
(b)
Interference with Administration. No city council or member of the
city council shall give orders or directions to an officer or employee
of the city who is appointed by the mayor, either publicly or privately.
(a)
Compensation. The members of the city council shall receive such
salary for their services as may from time to time be set by ordinance.
No ordinance increasing the salary of the city council shall be effective
unless it shall have been adopted during the first 18 months of the
term for which the city council were elected and unless it provides
that the salary increase shall take effect upon the organization of
the city government following the next municipal election.
Except as otherwise provided by law or this charter, all powers
of the city shall be vested in the city council, which shall provide
for their exercise and for the performance of all duties and obligations
imposed upon the city by law.
(a)
Exercise of Powers. Except as otherwise provided by law or 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 6 members of the city council shall constitute
a quorum for the transaction of business; provided, however, that
a smaller number may meet and adjourn from time to time. Except as
otherwise provided by law or this charter, the affirmative vote of
8 members shall be required to adopt an ordinance or appropriation
order.
(c)
Rules of Procedure. The city council shall from time to time adopt
rules regulating its procedures that shall include, but not be limited
to, a requirement that:
(i)
Regular meetings of the city council be held at a time and place
fixed by ordinance;
(ii)
Special meetings of the city council be held at the call of
the president or at the call of not less than 4 members, by written
notice delivered in hand, via electronic mail or by first class mail
to each member; provided, however, that such notice shall contain
a listing of the items to be acted upon; provided further, that except
in case of an emergency, which shall be determined by the president,
such notice shall be delivered not less than 48 hours in advance of
the time set for such meeting, excluding Saturdays, Sundays and legal
holidays; and provided further, that a copy of the notice to members
shall immediately be posted upon the city bulletin boards;
(iii)
All sessions of the city council and of every committee or subcommittee
of the board be open to the public unless another provision has been
made by law; and
(iv)
A full, accurate and up-to-date account of the proceedings of
the city council be kept, which shall include a record of each vote
taken and which shall be made available with reasonable promptness
following each meeting; provided, however, that the minutes of an
executive session shall be made available as soon as their publication
would not defeat the lawful purposes of the executive session.
(a)
General. The city council may make investigations into the affairs
of the city and into the conduct and performance of any city agency.
(b)
City Officers, Members of City Agencies, Employees. The city council
may require any city officer, member of a city agency or 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,
powers or duties that are within the scope of responsibility of that
person and within the jurisdiction of the city council. Copies of
all notices directed to employees of the school department shall be
concurrently provided to the school committee chair.
(c)
Mayor. The city council may require the mayor to provide specific
information to the city council on any matter within the jurisdiction
of the city council. The city council may require the mayor to appear
before the city council in person to provide specific information
on the conduct of any aspect of the business of the city. The mayor
may bring to such meeting any assistant, department head or other
city officer or employee that the mayor deems necessary to assist
in responding to the questions posed by the city council.
(d)
Notice. The city council shall give notice to any person the city
council may require to appear before it under this section not less
than 48 hours before such appearance is required. The notice shall
include specific questions on which the city council seeks information
and no person called to appear before the city council under this
section shall be required to respond to any question not relevant
or related to those presented in advance and in writing.
(a)
City Clerk. The city council shall elect a city clerk to serve for
a term of 3 years. The city clerk shall be the keeper of vital statistics
of the city and the custodian of the city seal and of all records
of the city. The city clerk shall administer the oath of office to
all city officers and shall issue licenses and permits as may be provided
by law. The city clerk shall have the powers and duties provided to
that office by law, this charter, ordinances or other votes of the
city council.
(b)
Clerk of Committees. The city council shall elect a clerk of committees
to serve at the pleasure of the city council. The clerk of committees
shall perform the duties as may be provided by ordinance or by other
vote of the city council.
(c)
Salary, Compensation. The city clerk and the clerk of committees
shall receive such salary or other compensation as provided by ordinance.
(a)
Emergency Ordinances. No ordinance shall be passed finally on the
date it is introduced, except in case of an emergency involving the
health or safety of the people or their property. No ordinance shall
be regarded as an emergency ordinance unless the emergency is defined
and declared in a preamble to the ordinance, separately voted upon
and receives the affirmative vote of not less than 8 members of the
city council. An emergency ordinance shall be repealed after the expiration
of 60 days following its adoption unless an earlier date is specified
in the measure, a second emergency measure adopted under this section
is passed to extend the original emergency ordinance or measure passed
under this section extends the original emergency ordinance.
(b)
General Measures. The city council may pass a measure through all of its stages at any 1 meeting, except for proposed ordinances, appropriation orders and loan authorizations, if no member of the city council shall object; provided, however, that if a single member objects, a vote on the measure shall be postponed to the next meeting of the city council. If a member objects to the taking of a vote on the first occasion that the question of adopting any measure is put to the city council, except an emergency ordinance under subsection (a), the vote shall be postponed until the next regular or special meeting of the city council. This procedure shall not be used more than once for any measure notwithstanding any amendments made to the original measure.
The mayor shall submit to the city council the name of each
person the mayor desires to appoint to any city office as a department
head or as a member of a multiple-member body; provided, however,
that this provision shall not apply to appointments to a position
subject to the civil service law. The city council shall refer each
name submitted to it to a standing committee of the board that shall
review each candidate for appointment and may make a report with recommendations
to the full city council not less than 7 but not more than 45 days
after the referral. The committee may require any person whose name
has been referred to it to appear before the committee or before the
city council to give any information relevant to the appointment that
the committee or the city council may require. Appointments made by
the mayor shall become effective upon the expiration of 45 days following
the date that notice of the proposed appointment was filed with the
city clerk unless rejected by the city council within those 45 days.
(a)
Councilor-at-Large. If a vacancy shall occur in the office of councilor-at-large,
the vacancy shall be filled in descending order of votes received
by the candidate for the office of councilor-at-large at the preceding
city election who received the highest number of votes without being
elected and who received not less than 40 per cent of the total votes
cast for the highest vote getter for the office of councilor-at-large,
if that person remains eligible and willing to serve as councilor-at-large.
The city clerk shall certify this candidate to the office of councilor-at-large
to serve for the balance of the unexpired term.
(b)
Ward Councilor. If a vacancy shall occur in the office of ward councilor, it shall be filled in the same manner as provided in subsection (a) for the office of councilor-at-large, except that the list shall be of the candidates for the office of ward councilor in the ward in which the vacancy occurs and the 40 per cent requirement shall be calculated from among the total votes cast for the office of ward councilor in the ward where the vacancy occurs; provided, however, that if there is no candidate on such list who remains eligible and willing to serve, the next highest ranking candidate from among the candidates for election to the office of councilor-at-large who is a resident of the ward in which the vacancy exists and who received not less than 40 per cent of the total votes cast for ward councilors in that ward shall be certified and shall serve until the next regular election if the candidate remains a resident of the ward and is willing to serve as a ward councilor. The city clerk shall certify the candidate to the office of ward councilor to serve for the balance of the unexpired term.
(c)
Filling of Vacancies by City Council. If a vacancy shall occur in the office of councilor-at-large or in that of ward councilor and there is no available candidate to fill the vacancy in the manner provided in subsection (a) or (b), the remaining members of the city council shall elect a person to fill the vacancy. A person elected by the city council to fill a vacancy shall serve until the next regular election, at which time the vacancy shall be filled by the voters and the person chosen to fill the vacancy shall immediately be sworn and shall serve for the remainder of the unexpired term in addition to the term for which the person is elected. A person serving as a councilor under this section shall not be entitled to have the words "candidate for re-election" printed against the person's name on the election ballot.
