(a)
In General - This charter may be replaced, revised or amended in
accordance with any procedure made available under the state constitution,
or by statutes enacted in accordance with the state constitution.
(b)
Periodic Review - The city council shall provide, in every year ending
in a six, for a complete review of the charter by a committee of nine
members to be appointed by the council president and confirmed by
a majority of the council. Not more than three members of the committee
shall be current members of the council. All members of the committee
shall be residents of the city. The said committee shall file a report
within the said year recommending any changes in the charter which
it may deem to be necessary or desirable, unless an extension is authorized
by vote of the city council. The city council shall appropriate funds
adequate to cover professional assistance, public engagement, and
community education for the committee's review. The city council shall
provide all the necessary documents and information to the committee
and the public prior to the commencement of the charter review process.
The provisions of this charter are severable. If any provision
of this charter is held invalid, the other provisions shall not be
affected thereby. If the application of this charter, or any of its
provisions, to any person or circumstance is held invalid, the application
of this charter and its provisions to other persons and circumstances
shall not be affected thereby.
To the extent that any specific provision of this charter may
conflict with any other provision expressed in general terms, the
specific provision shall prevail.
City officers and agencies other than the school department,
the Watertown Free Public Library and those statutorily authorized
to adopt rules and regulations, may adopt rules and regulations only
upon authorization by the city council. Except as otherwise specified
herein and by state law, the city council shall authorize adoption
of rules and regulations by ordinance or resolution.
Proposed rules and regulations, including amendments to existing
rules and regulations, shall be transmitted to the city council and
posted on the city website for a public comment period of not less
than 14 days. Following the public comment period, the city agency
shall transmit to the city council and post on the city website any
revisions to the proposed rule or regulation or, alternatively, a
notice that it is not making any revisions. No rule or regulation
shall become effective until at least five days following the date
the city agency transmits and posts any revisions or a notice that
it is not making any revisions.
If an emergency exists as determined by the city manager and
communicated in writing to the city council, a city agency may adopt
a rule or regulation without regard to the procedures or time periods
in the preceding paragraph.
A copy of all rules and regulations adopted by city agencies
shall be placed on file in the office of the city clerk and posted
on the city website and shall be available for review by any person
who requests such information at any reasonable time.
The city council shall provide, in each year ending in two,
for a complete review and recodification of all ordinances of the
city for the purpose of determining if any amendments or revisions
may be necessary or desirable and to ensure internal consistency.
Such review shall be conducted under the supervision of the city attorney,
or, if the city council so directs, by special counsel appointed for
that purpose. A report, with recommendations, shall be submitted within
the said year.
The city clerk shall annually review all ordinances adopted
since the close of the previous fiscal year, insert them in their
proper place in the code of ordinances, and publish them on the city's
website.
(a)
Meetings - All multiple-member bodies of the city shall meet regularly
at such times and places as they may, by their own rules, prescribe,
unless some other provision is made by ordinance or by law. Special
meetings of any multiple-member body shall be held on the call of
the chair or by one third of the members thereof, by written which
contains a list of the item or items to be acted upon. Except in case
of an emergency such notice shall be posted on the city bulletin board
at least forty-eight hours, excluding Saturdays, Sundays and legal
holidays in advance of the time set for such meeting and delivered
to members of such multi-member body, forthwith, after such posting.
(b)
Rules and Journals - Each multiple-member body shall determine its
own rules and order of business unless another provision is made by
ordinance or by law, and shall provide for the keeping of a journal
of its proceedings. These rules and journals shall be a public record,
and certified copies shall be kept on file in the office of the city
clerk, in the Watertown Free Public Library and posted on the city's
website.
(c)
Voting - If requested by any member, any vote of any multiple-member
body shall be taken by a call of the roll and the vote of each member
shall be recorded in the journal; provided, however, that if the vote
is unanimous only that fact need be recorded.
(d)
Quorum - A majority of the members of a multiple-member body shall
constitute a quorum, but a smaller number may meet and adjourn from
time to time.
(e)
Conflict of Interest - Unless such service may otherwise be authorized
by law, no member of an elected multiple-member body shall, while
holding such office, hold any other city office or employment for
which a salary or other emolument is payable from the city treasury.
No member of an elected multiple-member body shall hold any compensated
appointed city office or employment until six months following the
date on which the person's elected service to the city is terminated.
This provision shall not prevent a city officer or city employee who
has taken a leave of absence from such office or employment from resuming
the same office or employment following service as an elected member
of a multiple member board.
Provided, however, that an elected member of the city council shall not be prohibited by the preceding paragraph from holding a position under the authority of the school committee; and further that if the council president shall hold such an office or position the city council shall, by vote, designate the vice president or some other member of the city council not so ineligible to serve as school committee member in the council president's place, and such councilor shall have all the powers and duties of the council president serving as a school committee member as set forth in section 4-1 of this charter.
Words importing the singular number may extend and be applied
to several persons or things; words importing the plural number may
include the singular.
All references to General Laws contained in the charter refer
to the General Laws of the Commonwealth of Massachusetts 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, recodification, or revision of such statutes enacted
or adopted subsequent to the adoption of this charter.
Every person who is elected, including those elected by the
city council, or appointed to an office of the city shall receive
a certificate of such election or appointment from the city clerk.
Except as otherwise provided by law, before performing any act
under an appointment or election, all such persons shall take and
subscribe to an oath of office and be sworn to the faithful performance
of their duties.
Whenever a vacancy shall occur in any city office or in the
employment of the city, or, when by reason of a retirement, or resignation,
or the expiration of a fixed term, or otherwise, a vacancy can be
anticipated, the city manager or other appointing authority shall
forthwith cause public notice of such vacancy or impending vacancy
to be publicly posted on the city bulletin board for not less than
ten days. Each such notice shall contain a brief description of the
duties of the office or position and shall indicate a list of necessary
or desirable qualifications for the office or position. Any person
who desires to be considered for an appointment to fill such vacancy
may, within ten days following the date the notice is posted, or such
longer period as may be indicated in such announcement, file with
the appointing authority a statement setting forth with reasonable
clarity and specificity, the qualifications of such person for such
appointment. No permanent appointment to fill any position shall be
effective until at least fourteen days have elapsed following such
posting to permit the reasonable consideration of all such applicants.
This section shall not apply to positions covered under the civil
service law and rules or if in conflict with the provisions of a collective
bargaining agreement.
(a)
Definition - For the purposes of this section of the charter, "conviction"
means a finding of guilt resulting from a plea of guilty, the decision
of a court or magistrate or the verdict of a jury, irrespective of
the pronouncement of judgment or sentence or the suspension thereof.
(b)
Criminal Actions Involving Discharge of Official Duties - Notwithstanding
any general or special law or charter provision to the contrary, any
person convicted of any criminal offense involving a violation of
the person's official duties in any elective office at the time of
conviction shall be deemed to have vacated said office at the time
of conviction.
(c)
Felony Conviction - Notwithstanding any general or special law or
charter provision to the contrary, any person convicted of a felony
in any jurisdiction of the United States, while holding elective office
in the city of Watertown, who still holds such elective office at
the time of conviction, may be subject to censure, permanent removal
from any committee chairs held by virtue of the office, or expulsion
by a two-thirds vote of the remaining members of the body of which
the elected official is a member, and said body shall have authority
to exclude said officer and to declare the office vacant.
(d)
Reversal of Conviction or Pardon - If the conviction is reversed
or vacated and the term of such person has not yet expired, the elected
official shall be restored to office with all its rights. If pardoned,
the official shall not by reason thereof be restored, unless it is
so expressly ordered by the terms of the pardon or by majority vote
of the members of the body. If an elected official is restored to
office in accordance with this section after a conviction is reversed
or vacated, any person previously chosen to fill the vacancy created
as a result of such prior conviction shall be deemed to have vacated
the office at the time the conviction is reversed or vacated.
