Article 2 LEGISLATIVE BRANCH.

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.

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.

SECTION 2-3 PROHIBITIONS.

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.

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.

SECTION 2-4 COMPENSATION.

SECTION 2-6 EXERCISE OF POWERS; QUORUM; RULES.

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.

SECTION 2-5 GENERAL POWERS.

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.

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.

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.

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.

SECTION 2-7 ACCESS TO INFORMATION.

General. The city council may make investigations into the affairs of the city and into the conduct and performance of any city agency.

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.

SECTION 2-8 APPOINTMENTS OF THE CITY COUNCIL.

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.

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.

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.

SECTION 2-9 ORDINANCES AND OTHER MEASURES.

Salary, Compensation. The city clerk and the clerk of committees shall receive such salary or other compensation as provided by ordinance.

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.

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.

SECTION 2-10 CITY COUNCIL REVIEW OF CERTAIN APPOINTMENTS.

Posting. Every proposed ordinance, appropriation order or loan authorization, except an emergency ordinance under subsection (a), shall be posted on the city bulletin board and made available in the office of the city clerk not less than 10 days before its final passage.

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.

SECTION 2-11 FILLING OF VACANCIES.

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.

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.