There shall be a Town Council of five members, elected at large by the qualified electors of the Town, each to serve for a term of two years, and until his or her successor is elected and qualified.
The election of members of the Council shall be held on the first Tuesday after the first Monday in November in each even numbered year, in the manner provided for in the election laws of the State. All candidates for Council member must be qualified electors of the Town, and residents thereof, and must remain qualified electors and residents throughout their term of office. The terms of members of the Council shall begin upon the issuance of their certificates of election. The five candidates receiving the greatest numbers of votes shall be elected. Outgoing Council members shall offer full cooperation to their successors and shall observe the principle that all files, records and documents defined as public records in the open records legislation of the State, which they used during their tenure, are the property of the Town and are to be conveyed in good order to their successors.
The members of the Council shall receive such compensation as shall be fixed by the Financial Town Meeting and such benefits as the Town meeting may provide pursuant to the provisions of this Charter. Council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office as requested upon vouchers approved by vote of the Council.
[Reso. 7/6/06; approved at election 11/7/06; approved at election 11/4/14]
The Council shall elect from among its members a President and a Vice President, each of whom shall serve at the pleasure of the Council. The President shall preside at all meetings of the Council and shall be recognized as the head of the Town government. The Vice President shall act as President during the absence of the President.
No person, with the exception of members running for reelection, shall be eligible for election to the Council if he or she holds any paid public office or employment in the Town as of the certification of his or her election. A Council member shall not be eligible for appointment to any paid office or employment in the Town during the term for which he or she was elected to the Council nor for one (1) year thereafter. A Council member may hold elective Town office immediately succeeding his or her term on the Council.
[Reso. 7/11/02; approved at election 11/5/02; Reso. 7/6/06; approved at election 11/7/06]
In the event that the office of a Council member shall become vacant following election as provided herein, such vacancy shall be filled for the remainder of the term by the unelected candidate for the vacated position with the highest number of votes from the most recent election for such office, or, if that person is unavailable or unwilling to serve, shall be filled by the Town Council.
The grounds and procedures for forfeiture of Council office shall be as follows:
A. 
A Council member shall be required to forfeit his or her office if he or she: (1) ceases at any time to fulfill any of the qualifications for the office prescribed by this Charter or by State law, (2) is disqualified from holding office under the terms of Section 1007 B. of this Charter, or (3) attends no regularly scheduled Council meeting for a period of three (3) consecutive months without being excused by vote of the Council. The remaining members of the Council shall fill any vacancy caused by such forfeiture or disqualification from office in the manner set forth in Section 406 above.
B. 
The Council shall be the judge of the qualifications of its members, or as to whether grounds for forfeiture of the office of any member exist, and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member whose qualification for office or forfeiture of office is at issue, shall be entitled to demand a public hearing, and notice of such hearing shall be published at least one week in advance. Decisions made by the Council under this section shall be subject to review by the courts.
The first meeting of a newly elected Council shall be held on the first Thursday following the certification of the election of a majority of its members by the canvassing authority. The Town Clerk shall preside until the selection of a Town Council President. The Council shall determine and give notice of the time, place and dates of its regular meetings for the ensuing calendar year, which shall be held at least once each month. The posting of notice of all meetings, including special meetings, shall be in accordance with State law. The Town Clerk shall serve as clerk of the Council. The Council President shall at all times have the same right to vote on matters before the Council as any other member, and may make and second motions. The Council shall adopt and may amend its own rules, and shall make reasonable provision to allow persons in attendance at its meetings opportunity to speak. A quorum for Council meetings shall consist of three members; and a minimum of three affirmative votes shall be required for the adoption of any ordinance. The Council may adopt a designated parliamentary manual for use to supplement its own rules.
A. 
Special meetings of the Council may be called by the President, and shall be called by the President upon receipt of written requests for a special meeting from two Council members. All Council members shall be notified of any special meeting and of the business to be conducted thereat by letter delivered by registered mail or by messenger at their places of residence at least forty-eight (48) hours in advance, unless an emergency requires the more rapid convening of a meeting.
The Council shall have the power to enact, amend or repeal ordinances for the preservation of the public peace, health, safety, comfort and welfare, and for the protection of persons and property, to provide reasonable penalties as allowed under State law for the violation of any ordinance; and to exercise all additional powers, consistent with the Charter and the laws and constitution of the State. All the legislative powers vested in the Town by State law and the Constitution shall be exercised by the Town Council except those reserved to the Financial Town Meeting and to the people through the initiative and referendum procedures.
[Reso. 7/6/06; approved at election 11/7/06]
Ordinances of the Town and amendments thereto shall be adopted by the Council in accordance with the following procedure and any additional procedures required by State law:
A. 
A proposed ordinance or amendment to an existing ordinance may be introduced by any member of the Council at any regular or special meeting. Upon introduction, and if seconded, any proposed ordinance shall be distributed to the members, a copy filed in the office of the Town Clerk, and the text published. In the case of amendments to ordinances, if seconded upon introduction, the Town Clerk shall distribute copies as aforesaid, and shall either post or publish the text as the Council may direct in each instance.
B. 
At the meeting at which a proposed ordinance or amendment to an existing ordinance is introduced, the Council shall cause a copy to be provided to the Town Solicitor for his or her review as to form and legality, and shall make provision for holding a hearing thereon as the first item of business at its next scheduled meeting, provided that such hearing shall occur at least five (5) business days following publication of the text thereof.
C. 
The Council may adopt any ordinance or amendment to an existing ordinance following the hearing thereon at the same meeting, or at a subsequent meeting, provided however, if the proposed ordinance or amendment is substantially altered following the hearing thereon, the altered portion of the ordinance or amendment must be published, and subjected to a hearing as provided above before final adoption by the Council.
The following ordinance procedure may be used in times of public emergency:
A. 
The Council may adopt one or more emergency ordinances when necessary to protect life, health, property and the public peace. An emergency shall be defined as a situation wherein the public health, safety and/or general welfare of the Town are imminently imperiled by an unusual or unforeseen circumstance. In such a case the Council may suspend the provisions of Section 410 above in whole or in part to deal with the emergency by ordinance. Any such ordinance shall define clearly and specifically in its text the nature of the emergency at which it is directed and the necessity for the action provided for. Only emergency ordinances clearly essential to deal with the situation shall be enacted under suspension of Section 410.
B. 
An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally and may be adopted with or without amendment or may be rejected at the meeting at which it is introduced. Adoption shall require the vote of at least three (3) members of the Council.
C. 
All emergency ordinances shall become effective upon adoption or at such later time as may be specified therein and shall automatically stand repealed as of the sixty-first (61st) day following the date on which they took effect but may be reenacted in the manner specified in this Section for a period of no more than sixty (60) additional days if the emergency still exists. An emergency ordinance may also be repealed by a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.
The Council may in the interest of the Town make investigations into the affairs of the Town and the conduct of any Town department, office or agency, with the exception of the School Committee and school department, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence.
It shall be the duty and responsibility of the Council to:
A. 
Make all necessary arrangements, by contracting with an appropriate firm specializing in said work, or otherwise, to keep the codified ordinances of the Town up to date through a system which shall provide the texts of new or revised ordinances for insertion therein no later than one year following passage.
B. 
Approve every proposal for borrowing moneys for which the credit of the Town will be pledged, including any and all proposals which call for the issuance of bonds or notes, or the entering into of any lease purchase or similar agreements which extend beyond a single fiscal year, and shall arrange for approval thereof by the electors of the Town either at a regular or special Town meeting or at a Town-wide referendum held at a general or special election, as may be appropriate or required by State law. The credit of the Town shall not be pledged unless a majority of the electors present and voting at such Town meeting or voting at such referendum shall have approved thereof; provided however, that the Council may, as permitted by State law, authorize borrowing in anticipation of taxes or of Federal or State grants, subject to any limit for such borrowing set by a regular or special Town meeting.
C. 
Provide for an independent annual audit by a certified public accountant of all Town accounts, such audit to conform with the requirements of State law for such annual audits, with generally accepted auditing standards, and shall require the inclusion by the auditors of their informed opinion of the financial practices and accounts of the Town. Such annual audit shall be completed and filed with the Town Council no later than six (6) months after the close of the fiscal year, and a copy be filed with the Director of Administration and with the Auditor General of the State. The Council may provide for such additional audits as it may deem appropriate and for which the Town meeting may have made appropriation.
D. 
Serve as licensing authority of the Town and as such to exercise all authority conferred upon towns, or which may be exercised by towns, under State law, to issue licenses and permits for the conduct of businesses or professions, or for all other purposes as authorized by law, and to make necessary rules and regulations pertaining thereto.
E. 
Ensure compliance with the Charter by all Town officials, departments and agencies and to establish a process for review of complaints of non-compliance from qualified electors of the Town.