Article 2 Legislative Branch

Election and term - The candidate for councilor-at-large receiving at the regular municipal election the largest number of votes for the office shall serve as council president during the ensuing term of office.

Powers and duties - The council president shall preside at all meetings of the city council, regulate its proceedings and shall decide all questions of order. The council president shall appoint all members of all committees of the city council, whether special or standing. The council president shall have the same powers to vote upon all measures coming before the city council as any other member of the city council. The council president shall perform such other duties consistent with the office as may be provided by charter, by ordinance or by other vote of the city council.

Council Vice-President - As soon as practicable after the councilors-elect have been qualified following each regular municipal election, the members of the city council shall elect from among its members a vice president who shall act as council president while the council president is unable to serve. The powers of an acting council president shall be limited to only those powers which are indispensably essential to perform the duties of acting council president during the inability to serve of the council president while the council president is unable to serve.

SECTION 2-3 Prohibitions.

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 any compensated appointed city office or city employment until one year following the date on which such former member's service on the city council has terminated.

SECTION 2-4 Compensation; expenses.

Salary - The city council may, by ordinance, provide an annual salary for its members. No ordinance increasing or decreasing such salary shall be effective, however, unless it shall have been adopted during the first 12 months of a term of office and it provides that such salary is to take effect with the organization of the city government following the next regular municipal election.

SECTION 2-6 Exercise of powers; quorum; rules.

Expenses - Subject to appropriation, the council members shall be entitled to reimbursement of their actual and necessary expenses in the performance of their duties.

SECTION 2-5 General powers.

Except as otherwise provided by general law or by 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 general law or by this charter, the legislative powers of the city council may be exercised in a manner determined by it.

Quorum - The presence of 5 members shall constitute a quorum for the transaction of business. Except as otherwise provided by general law or by this charter, the affirmative vote of 5 members shall be required to adopt any ordinance or appropriation order.

Rules of procedure - The city council shall from time to time adopt rules regulating its procedures, which shall be in addition to the following:

(i)

Regular meetings of the city council shall be held at a time and place fixed by ordinance.

(ii)

Special meetings of the city council shall be held at the call of the council president or, on the call of any 3 or more members, by written notice delivered in hand or to the place of residence of or by electronic mail to each member and which contains a listing of the items to be acted upon. Except in case of an emergency, of which the council president shall be judge, such notice shall be delivered at least 48 hours in advance of the time set for such meeting. A copy of the notice to members shall, forthwith, be posted upon the city bulletin board.

(iii)

All sessions of the city council, and of every committee or subcommittee thereof, shall at all times be open to the public and to the press, unless another provision is made by law.

(iv)

A full, accurate, up-to-date account of the proceedings of the city council and of every committee and subcommittee thereof shall be kept, which account shall include a record of each vote taken, and which shall be made available with reasonable promptness following each meeting.

SECTION 2-7 Access to information.

In general - The city council may make investigations into the affairs of the city and into the conduct and performance of any city agency and for this purpose may subpoena witnesses, administer oaths and require the production of evidence.

City officers, members of city agencies, employees - The city council or any committee or subcommittee thereof may require any city officer, member of a city agency or city employee to appear before it to give such information as the city council may require in relation to the municipal services, functions, powers or duties which are within the scope of responsibility of such person and within the jurisdiction of the city council.

Mayor - The city council may require the mayor to provide the city council with specific information on the conduct of any aspect of the business of the city or 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 respond to written questions made available to the mayor at the time the request to appear is made to the mayor. The mayor may bring to such meeting any assistant, department head or other city officer or employee the mayor may deem necessary to assist in responding to the questions posed by the city council.

SECTION 2-8 Officers elected by City Council.

Notice - The city council shall give not less than 5 days' notice to any person it may require to appear before it under the provisions of this section. 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. Notice shall be by delivery in hand, or by registered or certified mail to the last known place of residence of any such person.

Budget/Management Analyst - The city council shall elect a budget/management analyst to serve for a term of 3 years and until a successor is chosen and qualified. In the case of a vacancy in the position, the city council shall fill such vacancy promptly. The council may advertise for the position and shall post the vacancy in accordance with section 8-12 or retain consultant services for an individual to serve as budget/management analyst. The council may pursue either or both options for selection prior to determining whether the budget/management analyst shall serve as an employee or as a consultant. The budget/management analyst shall perform a legislative oversight and a post-audit function and shall not be involved in the day-to-day administrative detail of the financial operations of the city. The budget/management analyst shall have free access to all books, accounts, bills and vouchers of the city and shall continuously review and examine the same. The budget/management analyst shall make periodic reports thereon to the city council, with such frequency as the city council by ordinance, by rule or by other vote may direct, but not less frequently than quarterly. All officials of the city shall cooperate with the budget/management analyst in the performance of this oversight function. The budget/management analyst shall have such other powers and duties as may be provided by this charter, by ordinance or by other vote of the city council. If the budget/management analyst is an employee, the salary for the position shall never be less than 50 per cent of the amount provided for the office of finance director.

City Clerk - The city council shall elect a city clerk to serve for a term of 3 years and until a successor is chosen and qualified. The city clerk shall have the powers and duties relating to the keeping of records and vital statistics, the regulation and conduct of elections and the issuance of licenses as are provided to city clerks by general laws and such additional powers and duties as may be provided by general laws, by this charter, by ordinance or by other vote of the city council.

Clerk of the Council - The city council shall elect a clerk of the council, who may be the city clerk, to serve for a term of 3 years and until a successor is chosen and qualified. The clerk of the council shall give notice of its meetings to its members and to the public, keep the journal of its proceedings and perform such other duties as may be provided by ordinance or by other vote of the city council.

SECTION 2-9 Ordinances and other measures.

Salaries/Compensation - The officers and employees appointed or elected by the city council shall receive such salaries or other compensation as may from time to time be provided for such offices and employees, by ordinance.

(e)

Removal/Suspension - Any person appointed or elected by the city council may be removed or suspended by the city council by the use of procedures contained in section 8-14.

Emergency ordinances - No ordinance shall be passed finally on the date it is introduced, except in case of 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 such ordinance, separately voted upon and receiving the affirmative vote of 6 or more members of the city council.

Emergency ordinances shall stand repealed on the sixty-first day following their adoption, unless an earlier date is specified in the measure, or unless a second emergency measure adopted in conformity with this section is passed extending it, or unless a measure passed in conformity with the procedures for measures generally has been passed extending it.

Measures, in general - The city council may pass a measure through all of its stages at any meeting, except proposed ordinances, appropriation orders and loan authorizations, provided that no member of the city council shall object; but, if any single member objects, a vote on the measure shall be postponed to the next meeting of the city council.

On the first occasion that the question of adopting any measure is put to the city council, except an emergency measure as defined in section 2-9(a), if a single member objects to the taking of a vote, the vote shall be postponed until the next meeting of the city council, regular or special. If, when the matter is next taken up for a vote, 3 or more members object to the taking of the vote, the matter shall be further postponed for not less than an additional 5 days, but no later than the next scheduled council meeting following the passage of the 5 days above. This procedure shall not be used more than once for any measure, notwithstanding any amendments made to the original measure.

Publication - Every proposed ordinance, appropriation order or loan authorization, except emergency ordinances as provided in section 2-9(a), shall be posted and published on the city bulletin board, city website and in the local newspaper, and in any additional manner required by this charter or state or federal law, as well as be made available at the office of the city clerk at least 10 days before final passage. Whenever a proposed ordinance would exceed in length more than 10 column inches of ordinary newspaper notice print, then in lieu of publication of the full text of the ordinance in the local newspaper, the city clerk shall prepare and cause to be published in a local newspaper a summary of the proposed ordinance, including its purpose and provisions, along with notice stating the times and places where the full text of the ordinance may be reviewed by the public. Such summary shall be subject to review by and approval by the city solicitor prior to publication in a local newspaper. After final passage, the full text of any ordinance shall be posted on the city bulletin board and the city website and steps shall be taken by the city clerk to forthwith incorporate such ordinance into the official publication of the complete city ordinances.

SECTION 2-10 Council review of certain appointments.

Council reconsideration - The clerk of the city council shall hold every measure adopted by the city council for a period of 72 hours, Saturdays, Sundays and legal holidays excepted, and if during said time notice of an intent to file a motion to reconsider the matter is filed with the clerk of the council by a member entitled to make such a motion, the measure shall be returned to the city council for further action. If no such statement of intent is filed with the clerk of the council during such period, the clerk shall, at the expiration of the said 72-hour period, forthwith present the matter to the mayor.

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, but not including any position which is subject to the civil service law. The city council shall refer each such name as is submitted to it to a standing committee of the city council which shall investigate each such candidate for appointment and may make a report, with recommendations, to the full city council not less than 7 days nor more than 21 days following such 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 such information relevant to such appointment as the committee, or the city council, may require.

Appointments made by the mayor shall become effective on the thirtieth day following the date on which notice of the proposed appointment was filed with the clerk of the council, unless the city council shall within the said 30 days vote to reject such appointment, or unless the city council has sooner voted to affirm the appointment. Rejection by the city council shall require a two-thirds vote of the full council, except that an appointment to a multiple-member body may be rejected by a majority vote of the full council. The question on rejection of any appointment made by the mayor shall not be subject to the procedure of charter objection provided in section 2-9(b).

SECTION 2-11 Filling of vacancies.

Councilor-at-Large - If a vacancy shall occur in the office of councilor-at-large during the first 18 months of the term for which councilors are elected, the vacancy shall be filled in descending order of votes received by the candidate for the office of councilor-at-large at the preceding regular municipal election who received the largest number of votes without being elected, provided such person remains eligible and willing to serve and provided such person received votes at least equal to 30 per cent of the vote total received by the person receiving the largest number of votes for the office of councilor-at-large at the said election. The city clerk shall certify such candidate to the office of councilor-at-large to serve for the balance of the concluding term.

Ward Councilor - If a vacancy shall occur in the office of ward councilor in the first 18 months of the term to which councilors are elected, it shall be filled in the same manner as provided in section 2-11(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.

Filling of vacancies by City Council - Whenever a vacancy shall occur in the office of councilor-at-large or in that of ward councilor and (1) there is no available candidate to fill such vacancy in the manner provided in section 2-11(a) or (b) and (2) more than 6 months remains on the existing term, the vacancy shall be filled by vote of the remaining members of the city council. The council shall post notice of the vacancy for 14 days, and the council shall include among such candidates for the vacancy any candidates for the now vacant seat in the prior regular municipal election who were not elected and did not meet the criteria of section 2-11(a) or (b). The council president shall provide the opportunity for each candidate seeking to fill a vacancy to address the council prior to its vote to fill any vacancy. Persons elected to fill a vacancy by the city council shall serve only until the next regular municipal election, at which time the vacancy shall be filled by the voters and the person elected to fill such vacancy shall forthwith be sworn and shall serve for the remainder of the balance of the concluding term in addition to the term for which elected. Persons serving as city councilors under this section shall not be entitled to have the words "candidate for re-election" printed against their names on the election ballot.