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.
A copy of all rules and regulations adopted by city agencies
shall be placed on file in the office of the city clerk and shall
be available for review by any person who requests such information
at any reasonable time. No rule or regulation adopted by any city
agency shall become effective until 7 days following the date it is
so filed.
The city council shall provide, in each year ending in a 2 or
in a 7, for a review of all ordinances of the city for the purpose
of determining if any amendments or revisions may be necessary or
desirable. Such review shall be conducted under the supervision of
the city solicitor, or, if the city council so directs, by special
counsel appointed for that purpose. A report, with recommendations,
shall be submitted within said year.
Words importing the singular number may extend and be applied
to several persons or things; words importing the plural number may
include the singular.
In computing time under this charter, if 7 days or less, "days"
shall refer to calendar days not including Saturdays, Sundays or legal
holidays. If more than 7 days, every day shall be counted.
All references to the General Laws contained in this charter
refer to the General Laws of the commonwealth 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.
The mayor-elect, councilors-elect, and school committee members-elect
shall, on the first Monday in January of each even-numbered year at
12:00 noon, meet and be sworn to the faithful discharge of their duties.
The oath may be administered to the mayor by the city clerk, or by
a judge of a court of record, or by a Justice of the Peace. The oath
may be administered to the members of the city council and the school
committee by the mayor, after the mayor has been duly sworn, or by
any of the above named officials. A certificate that the oath has
been taken shall be entered in the journal of the city council.
In case of the absence of the mayor-elect, or any member-elect
of the city council or school committee on said day, the oath of office
may at any time thereafter be administered to such person who for
any reasons shall not have taken the oath on the day named. A certificate
of each oath subsequently taken shall be entered in the journal of
the city council.
After the oath has been administered to the councilors present, they shall organize, with the member elected at-large receiving the highest number of votes at the preceding regular municipal election, as president, as provided in section
2-2. The president shall be sworn by the city clerk or, in the case of the absence of the city clerk by any person qualified to take oaths or affirmations.
After the oath has been administered to the school committee members present, the committee shall organize by choosing a school committee president, as provided in section
4-2. The president shall be sworn by the city clerk, or, in the case of the absence of the city clerk, by any person qualified to take oaths or affirmations.
If 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 mayor or other appointing authority shall forthwith cause public
notice of such vacancy or impending vacancy to be publicly posted
on the city bulletin board and on the city website for not less than
10 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 10 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 14 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.
If any person appointed to serve as a member of a multiple-member
body shall fail to attend 3 or more consecutive meetings, or all of
the meetings held during 4 calendar months, or at least 50 per cent
of all of the meetings of such body held in 1 calendar year, the remaining
members of the multiple-member body shall, by a majority vote of their
members, notify the appointing authority. Such notice to the appointing
authority shall include the notice from the chair of the multiple-member
body to the person meeting the criteria above given in hand, or mailed,
postage prepaid, by registered or certified mail, return receipt requested,
of the body's intent to notify the appointing authority of the incidence
of absence at least 10 days before providing notice to the appointing
authority, and the response, if any, received from the person so notified.
Only the appointing authority may determine if the seat is to be declared
vacant.
Any city officer, member of a multiple-member body, department head or employee of the city not subject to the provisions of section
3-4, the civil service law or covered by the terms of a collective bargaining agreement which provides a different method, and whether appointed for a fixed or an indefinite term, may be suspended or removed from office by the appointing authority. Any such person may be suspended from office by the appointing authority for an initial period of 15 days, subject to an additional 15-day extension if deemed necessary by the appointing authority.
Nothing in this section shall be construed as granting a right
to such a hearing to a person who has been appointed for a fixed term
when that term of office expires and such person is not reappointed
for another term of office.
The appointing authority, when removing any such person, shall
act in accordance with the following procedure:
(a) City Council Appointments - The city council, may, in writing, suspend
or remove any person appointed or elected by the city council by notice
to the employee stating the reason for the suspension or removal and
advising the employee of the opportunity to request to appear at a
meeting of the council. The notice to the employee shall be delivered
in hand, mailed by certified mail, postage prepaid, to the last known
address of said employee, or emailed to said employee. At the same
time, the city council shall file a written statement with the department
of human resources, stating that such person is suspended or removed
and the effective date of said suspension or removal.
The employee may make a written reply by filing such reply statement
with the department of human resources and the city council president
within 5 days following the date the statement of the city council
has been filed. In the reply, the employee may request permission
to appear at a public meeting of the city council to read the written
reply concerning the suspension or removal. Such meeting shall occur
within 10 days of the employee's request unless otherwise agreed by
the city council president and the employee.
At the meeting, the employee shall be allowed to read their
reply statement to the notice of suspension or removal. The city council
president may read the notice of suspension or removal. The city council
shall notify the employee of whether the decision has been upheld,
rescinded or modified not later than 10 days after the council meeting
is adjourned. If such notification is not provided within such time,
the decision to suspend or remove shall remain in effect. If no meeting
is requested, the decision of the city council is final 6 days after
delivery of the notice to the employee.
(b) Any employee of the city, not subject to subsection
(a) may be suspended or removed by the appointing authority in accordance with the following procedure. The appointing authority shall receive approval from the mayor before proceeding with any such suspension or removal. Upon receiving such approval, the appointing authority shall provide notice of the suspension or removal to said employee by stating the reason for the suspension or removal, and advising the employee of the opportunity to request a meeting with the mayor. The notice to the employee shall be delivered in hand, mailed by certified mail, postage prepaid, to the last known address of said employee, or emailed to said employee. At the same time, the appointing authority shall file a written statement with the department of human resources stating that such employee is suspended and/or removed and the effective date of said suspension or removal.
Within 2 days of delivery of the notice of suspension or removal,
the employee may request in writing a meeting with the mayor. Such
meeting shall be held within 5 days of receipt of the employee's request,
unless otherwise agreed by the mayor and the employee. At the meeting,
the employee shall be allowed to reply verbally or in writing to the
notice of suspension or removal. The appointing authority and the
director of human resources may be present at the meeting at the discretion
of the mayor. Upon the direction of the mayor, the appointing authority
shall issue a final decision upholding, rescinding, or modifying the
suspension or removal no later than 5 days after the meeting. If such
notification is not provided within such time, the decision to suspend
or remove shall remain in effect. If no meeting is requested by the
employee within 2 days of delivery of the notice of suspension or
removal, the decision of the appointing authority is final.