The inhabitants of the city of Beverly, within the territorial limits established by law, shall continue to be a municipal corporation, a body corporate and politic, under the name "City of Beverly".
This instrument shall be known, and may be cited, as the "Beverly Home Rule Charter."
The administration of the fiscal, prudential and municipal affairs of the city of Beverly, with the government thereof, shall be vested in an executive or administrative branch headed by a mayor, and a legislative branch to consist of a city council. The legislative branch shall never exercise any executive or administrative power and the executive or administrative branch shall never exercise any legislative power.
Subject only to express limitations on the exercise of any power or function by a municipal government in the Constitution of the Commonwealth or in the General Laws, it is the intention and the purpose of the voters of the city of Beverly through the adoption of this charter to secure for themselves and their government all of the powers it is possible to secure as fully and as completely as though each such power were specifically and individually enumerated herein.
The powers of the city of Beverly under this charter shall be construed liberally in favor of the city and the specific mention of any particular power shall not limit the general powers of the city as stated in section 1-4.
Subject only to express limitations in the Constitution of the Commonwealth or the General Laws, the city of Beverly may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the commonwealth or any agency or political subdivision thereof, or with the United States government or any agency thereof.
[Amended by Ch. 48 of the Acts of 2023 (Section 3), approved 11-7-2023]
As used in this charter, the following words shall have the following meanings unless the context clearly requires otherwise:
(a)
"Charter", this charter and any amendments to this charter as may hereafter be adopted.
(b)
"City", the city of Beverly.
(c)
"City agency", any multiple-member body and any department, division or office of the city of Beverly.
(d)
"City bulletin board", the bulletin board located in City Hall on which the city clerk posts official notices of meetings and upon which other official city notices are posted, the bulletin boards at any other locations as may be designated city bulletin boards by the city council and the city website.
(e)
"City officer", when used without further qualification or description, a person having charge of an office or department of the city who in the exercise of the powers or duties of such position exercises some portion of the sovereign power of the city.
(f)
"City website", a site established and maintained by the city as its online repository of municipal information on the internet.
(g)
"Department head", the person having responsibility and oversight for the operation and management of a city department.
(h)
"District", as appearing in articles 4 and 7 of this charter shall mean the combining of wards 1, 2 and 3 and wards 4, 5 and 6 for the election of 2 school committee members, 1 to be elected from each such district.
(i)
"Emergency", a sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action or response.
(j)
"Full council" or "full multiple-member body", the entire authorized complement of the city council, school committee or other multiple-member body, notwithstanding any vacancy which might exist.
(k)
"general laws", laws enacted by the legislature which apply alike to all cities and towns, to all cities or to a class of 2 or more cities or 2 or more cities and towns of which the city of Beverly is a member.
(l)
"General Laws", the General Laws of the commonwealth, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently adopted.
(m)
"Initiative measure", a measure proposed by the voters through the initiative process provided under this charter.
(n)
"Local newspaper", a newspaper of general circulation within the city of Beverly, with either a weekly or daily circulation.
(o)
"Majority vote", when used in connection with a meeting of a multiple-member body, shall mean a majority of those present and voting, unless another provision is made by ordinance, by law or by its own rules.
(p)
"Measure", any ordinance, order, resolution or other vote or proceeding adopted, or which might be adopted by the city council or the school committee.
(q)
"Multiple-member body", any board, commission, committee, subcommittee or other body consisting of two or more persons, whether elected, appointed or otherwise constituted, but not including the city council or the school committee.
(r)
"Referendum measure", a measure adopted by the city council or the school committee which is protested under the referendum procedures of this charter.
(s)
"Regular municipal election", the biennial election of municipal officers.
(t)
"Voters", registered voters of the city of Beverly.