HOUSE DOCKET, NO. 5076 FILED ON: 6/16/2010
HOUSE . . . . . . . . . . . . . . . No. 4772
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The Commonwealth of Massachusetts
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In the Year Two Thousand Ten
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An Act placing a certain question on the ballot of the November 2010 State Election in the Town of Amesbury..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. In order to ascertain the will of the voters of the Town of Amesbury and notwithstanding any general or special law to the contrary, the state secretary shall cause to be placed on the official ballot to be used in the November 2010 state election in the Town of Amesbury the following question “Shall the town of Amesbury approve the charter changes as recommended by the Municipal Council and Mayor and summarized below?” If a majority of the votes cast in answer to the question is in the affirmative it shall be taken to be the will of the voters that the changes be enacted.
SECTION 2. In all places that refers to Town or town, change to City or city.
In all places that refers to Municipal Council, change to City Council; in all places that refer to Councilor, change to Councillor.
Change Section 1-1 Incorporation Continued from:
The inhabitants of the town of Amesbury, Massachusetts, within its territorial limits as now or may hereafter be established by law, shall continue to be a body politic and corporate, known as the “Town of Amesbury”.
To: Section 1-1 Incorporation Continued
The inhabitants of Amesbury, Massachusetts, within its territorial limits as now or may hereafter be established by law, shall continue to be a body politic and corporate, being a city known as "Amesbury”.
Purpose: Officially identify Amesbury as a City consistent with the form of government it adopted in 1996.
Change Section 1-3 Division of Powers from:
All legislative powers of the town shall be exercised by a municipal council. The administration of all fiscal, business and municipal affairs shall be vested in the executive branch under the mayor.
To: Section 1-3 Division of Powers
All legislative powers of the city shall be exercised by a city council. The administration of all fiscal, business and municipal affairs shall be vested in the executive branch headed by the mayor.
Purpose: Clarify language.
No Change; Maintain Section 1-4 Powers of the City as it appears in the 1996 Charter
Section 1-4 Powers of the City
.The intent and purpose of this charter is to secure for the voters of Subject only to express limitations on the exercise of any power or function by a municipal government in the City constitution or general laws of the Commonwealth, it is the intention and the purpose of the voters of Amesbury, through the adoption of this charter, all the powers possible to secure for themselves and their government under Article LXXXIX of the Amendments to the Constitution all of the Commonwealth and the laws of the Commonwealth, powers it is possible to secure as fully and as completely as though each such power were specifically and individually enumerated herein.
Purpose: Rewrite of the section to clarify language and ensure any future laws or amendments to the state constitution are encompassed as applicable.
Change 1-5 Form of Government from:
The Town of Amesbury shall have a city form of government.
To: Section 1-5 Form of Government
As a city, Amesbury shall have a mayor – council form of government.
Purpose: Clarify language to further specify the form of government.
Change Section 1-6 Interpretation of Powers from:
The powers of the Town under the charter shall be construed and interpreted liberally in favor of the Town, and the specific mention of any particular power is not intended to limit in any way the general powers of the Executive Officer.
To: Section 1-6 Interpretation of Powers
The powers of the city under the charter shall be construed and interpreted liberally in favor of the city, and the specific mention of any particular power is not intended to limit in any way the general powers of the city as stated in Section 1-4.
Purpose: Clarify language to affirm powers of the city are vested in the city.
Add New Section 1-7 Intergovernmental Relations
Section 1-7 Intergovernmental Relations
Notwithstanding any general or special law to the contrary, the city may to the maximum extent lawfully possible participate by contract or otherwise with any governmental entity or political subdivision of the Commonwealth, including the Commonwealth, or any other state or states or the United States in the performance of any activity which one or more of such entities has the authority to undertake.
Purpose: Affirms the city’s ability to enter into contracts with other governmental agencies.
Change Section 2-2 Executive Powers of the Mayor from:
The mayor shall cause the laws, ordinances and orders for the town government to be enforced, and shall cause a record of all official acts to be kept. The mayor may appoint one or more qualified assistants to aid in the performance of the official duties, fix their salaries, and define their duties.
To: Section 2-2 Executive Powers of the Mayor
The mayor shall cause the laws, ordinances and orders for the city government to be enforced, and shall cause a record of all official acts to be kept. The mayor shall execute all lawful contracts on behalf of the city. The mayor may appoint one or more qualified assistants to aid in the performance of the official duties of the mayor's office, and the Mayor shall be entitled to fix their salaries, and define their duties. The Mayor shall be the City's chief procurement officer.
Purpose: Affirms the mayor’s authority, as executive officer, to enter into contracts on behalf of the city. Designates the Mayor as the City's chief procurement officer.
Change Section 2-3 Appointments by the Mayor from:
The mayor shall appoint all town officers, department heads, and members of boards, commissions, and committees for whom no other method of appointment or selection is provided by this charter, excepting only officials serving under the municipal council and school committee and persons appointed by state officials. The mayor shall appoint the head librarian, but only from the candidates recommended by the board of library trustees. Unless otherwise provided by this charter, appointments of all town officers, department heads, and members of boards, commissions, and committees shall become effective fifteen days after submission of a written notice of any appointment to the town clerk, provided however, that the municipal council may, during such period, by a two-thirds vote of the full municipal council, reject any such appointment.
To: Section 2-3 Appointments by the Mayor
The mayor shall appoint all city officers, department heads, and members of boards, commissions, and committees for whom no other method of appointment or selection is provided by the charter, excepting only officials serving under the City Council and school committee and persons appointed by state officials. Unless otherwise provided by this charter, appointments of all city officers, department heads, and members of boards, commissions, and committees shall become effective twenty-one days after submission of a written notice of any appointment to the city clerk, provided however, that the city council may, during such period, by a two-thirds vote of the full city council, reject any such appointment.
Purpose: Clarify language.
Change Section 2-4 Certificate of Appointment from:
In making appointments the mayor shall sign and file with the town clerk a certificate in substantially the following form: I appoint (name of appointee) to the position of (name of office), and I certify that said person is qualified since said person (insert reason or reasons), to perform the duties of the said office, and I make this appointment solely in the interest of the town of Amesbury. This appointment shall not become effective until fifteen days following filing with the town clerk, in accordance with the Amesbury Home Rule Charter. (signed Mayor)
To: Section 2-4 Certificate of Appointment
In making appointments the mayor shall sign and file with the city clerk a certificate in substantially the following form: I appoint (name of appointee) to the position of (name of office), and I certify that said person is qualified to perform the duties of the said office, and I make this appointment solely in the interest of the City of Amesbury. This appointment shall not become effective until twenty-one days following filing with the city clerk, in accordance with the Amesbury Home Rule Charter. (signed Mayor)
Purpose: Sets effective date such that it is consistent with computation of time in Section 9-3 and changes 15 days to 21 days.
Change Section 2-5 Removal of Officials from:
The mayor may remove any person appointed by the mayor by filing a written statement with the town clerk setting forth in detail the specific reasons therefor, a copy of which shall be delivered or mailed to the person thus removed, who may make a written reply, which, if the person thus removed desires, may be filed with the town clerk; but such reply shall not effect the action taken unless the mayor so determines. This section shall not apply to the school committee, or persons appointed by state officials, nor offices subject to provisions of civil service.
Any removal by the mayor shall become effective fifteen days after submission of said written statement of removal to the town clerk, provided however, that the municipal council may, during such period, by a two–third vote of the full municipal council, reject any such removal and reinstate said person.
During any such fifteen-day period, any person removed by the mayor shall not be entitled to compensation and benefits.
To: Section 2-5 Removal of Officials
The mayor may remove any person appointed by the mayor by filing a written statement with the city clerk setting forth in detail the specific reasons therefore. A copy of which shall be delivered or mailed to the person thus removed, who may make a written reply, which, if the person thus removed desires, may be filed with the city clerk. Such reply shall not affect the action taken unless the mayor so determines. This section shall not apply to the school committee, or persons appointed by state officials, nor offices subject to provisions of civil service.
Any removal by the mayor shall become effective twenty one days after submission of said written statement of removal to the city clerk provided, however, that the municipal council may, during such period, by a two-thirds vote of the full city council, reject any such removal and reinstate said person.. Purpose: Simplifies language and changes 15 days to 21 days.
Change Section 2-6 Temporary Appointments from:
Whenever a vacancy in an office appointed by the mayor occurs whether by reason of disability, death, resignation or removal from office for any reason, the mayor may appoint the head of another town office or agency, or a town officer or employee, or some other person, to perform the duties of the office for a period not to exceed four months. Whenever a vacancy continues beyond the four months, the mayor may make a second four-month appointment, but no temporary appointment shall be continued beyond eight months.
To: Section 2-6 Temporary Appointments
Whenever a vacancy in an office appointed by the mayor occurs, whether by reason of disability, death, resignation or removal from office for any reason, the mayor may appoint some other qualified person to perform the duties of the office for a period not to exceed four months. Whenever a vacancy continues beyond the four months, the mayor may make a second four-month appointment, but no temporary appointment shall be continued beyond eight months.
Purpose: Simplifies language.
Change Section 2-7 (a) Communications to the City Council from:
Within eight weeks following the start of each fiscal year, the mayor shall submit to the municipal council, and make available to the public a complete report on the financial and administrative activities of the town for the preceding fiscal year. The mayor shall provide on a quarterly basis written communications, to the municipal council, in order to keep the council fully informed as to the financial condition and future needs of the town and shall recommend such measures to it, as in the judgment of the mayor, the needs of the town require.
To: (a) Communications to the City Council
Within twelve weeks following the start of each fiscal year, the mayor shall submit to the city council, and make available to the public a complete report on the financial and administrative activities of the city for the preceding fiscal year. The mayor shall provide on a quarterly basis written communications, to the city council, in order to keep the council fully informed as to the financial condition and future needs of the city and shall recommend such measures to it, as in the judgment of the mayor, the needs of the city require.
Purpose: Extends the timeframe for the submission of the annual report to the council from eight weeks to twelve weeks.
Change 2-7 Call for Special Meetings of the City Council from:
The mayor may at any time, call a special meeting of the municipal council by causing a notice of such meeting specifying the matters which the mayor desires to be considered to be left at the usual place of residence or business of each council person, or given to such councillors in hand. Such notice shall, expect in an emergency of which the mayor shall be the sole judge, be delivered at least forty-eight hours in advance of the time set for such meeting and shall specify the purpose or purposes for which the meeting is to be held.
To: (b) Call for Special Meetings of the City Council
The mayor may at any time and for any purpose, call a special meeting of the city council by causing a notice of such meeting specifying the matters which the mayor desires to be considered to be left at the usual place of residence or business of each council person, or given to such councillors in hand. Such notice shall, except in an emergency, of which the mayor shall be the sole judge, be delivered at least forty-eight hours in advance of the time set for such meeting and shall specify the purpose or purposes for which the meeting is to be held.
Purpose: Clarify language and fix typos.
Change Section 2-8 Approval of Veto by the Mayor from:
Every measure relative to the affairs of the town adopted by the municipal council, except:
measures relating to the internal affairs of the municipal council
memorial or other resolutions
emergency measures passed in accordance with provisions of this charter
the budget for the operation of town government
shall be presented to the mayor for approval. If the mayor does approve of it, the mayor shall signify such approval by signing it. If the mayor does not approve of it, the mayor shall signify disapproval by returning it, with objections in writing, to the municipal council. The municipal council shall enter the objections of the mayor upon its records and shall forthwith, reconsider its vote upon the measure. If, on such reconsideration two-thirds of the full municipal council agree to again pass the measure, the measure shall be considered approved. If any measure is not returned by the mayor within ten days following the day it is presented to the mayor, it shall be considered approved. If the municipal council has not voted to again pass the measure within twenty days following the date the measure is returned to the municipal council, the measure shall be rejected. All votes taken by the municipal council following the return of a measure by the mayor shall be taken by a call of the roll.
A filing with the clerk of the council shall be deemed to be a returned by the mayor to the municipal council.
To: Section 2-8 Approval or Veto by the Mayor
Every measure relative to the affairs of the city adopted by the city council, except:
(a) measures relating to the internal affairs of the city council
(b) memorial or other resolutions
(c) emergency measures passed in accordance with provisions of this charter
(d) the budget for the operation of city government
shall be presented to the mayor for approval. If the mayor approves the measure as demonstrated by his or her signature, the measure shall be considered approved. Further, if any measure is not returned by the mayor within ten days following the day it is presented to the mayor, such measure shall be considered approved.
The mayor shall signify disapproval of a measure by returning it to the city council with a written statement of the objection(s). The city council shall enter the objection(s) of the mayor in its records and shall forthwith reconsider the measure. Any measure shall be considered returned upon a filing by the mayor with the clerk of the council. If, on such reconsideration, two-thirds of the full city council membership vote to pass the measure, it shall be considered approved. Any vote taken by the city council following the return of a measure by the mayor shall be taken by a call of the roll.
If, upon the return of the mayor’s disapproval of a measure, the city council does not vote on such measure within twenty one (21) days following the date of the return of the measure to the council, the measure shall be considered rejected.
Purpose: Clarify language and fix typo.
Change Section 2-9 Temporary Absence of the Mayor from:
Whenever by reason of sickness, absence from the town or other cause, the mayor shall be unable to attend to the duties of the office of mayor, for any period of three successive work days, the president of the municipal council, or in the event of his disability, then the vice-president of the municipal council shall, act as mayor, possess the powers of the mayor but only on those matters not admitting to delay. During any period in which the president or vice-president of the municipal council is serving as acting mayor, such person shall not serve as the presiding officer of the municipal council.
To: Section 2-9 Acting Mayor
Whenever by reason of sickness, absence from the city or other cause, the mayor shall be unable to attend to the duties of the office of mayor, for any period of seven successive days, the president of the city council, or in the event the council president is unwilling or unable to serve, then the vice-president of the city council shall act as mayor possessing the powers of the mayor, but only on those matters not admitting to delay. During any period in which the president or vice-president of the city council is serving as acting mayor, such person shall not serve as the presiding officer of the city council.
Purpose: Extends the length of absences required for an acting mayor, from three work days to seven total days. Clarify language.
Change Section 2-10 Vacancy in the Office of Mayor from:
If a vacancy occurs in the office of mayor, by death, resignation or removal from office at any time preceding the end of the term for which the mayor was elected, the president of the municipal council shall become acting mayor. If the president of the council is unable to serve, the vice president of the municipal council shall become a acting mayor. If the vice president of the council is unable to serve as acting mayor, the clerk of the council shall forthwith call a special meeting of the municipal council, and the municipal council shall elect by majority vote one of its members as acting mayor for the remainder of the unexpired term. Upon qualification of the president or vice president or the election and qualification of any member of the municipal council as acting mayor under the provisions of this section, a vacancy shall exist in the seat of the councillor selected as acting mayor.
To: Section 2-10 Vacancy in the Office of Mayor
If a vacancy occurs in the office of mayor, by death, resignation or removal from office prior to the last twelve months of the term to which the mayor was elected, the city council shall schedule a special election pursuant to provisions of this charter. The city council president shall serve as acting mayor until such election. Should the council president be unwilling or unable to serve, the council shall elect from among its members one member to serve as mayor until the next scheduled municipal election.
Should the vacancy occur on or during the last twelve months of the term, the city council president shall assume the office of mayor until the next scheduled municipal election. Should the council president be unwilling or unable to serve, the council shall elect from among its members one member to serve as mayor until the next scheduled municipal election.
Purpose: Allows the voters to select the person to fill the vacancy in the office of the mayor if the vacancy occurs within the first year of the mayor’s term.
Change Section 3-1 Composition; Eligibility; Election and Term from:
Any voter shall be eligible to hold the office of councillor-at-large. A district councillor shall at the time of election be a voter and resident of the district from which the councillor is elected.
A councillor-at-large who shall cease to be a resident of the town during the term for which such councillor was elected shall be deemed to have vacated the office of councillor-at-large and the office shall be considered vacant. A district councillor who shall move from one district to another during the term of office for which such councillor was elected, shall continue to serve for the balance of the term for which the district councillor was elected. Any vacancy in the office of councillor-at-large or district councillor shall be filled in accordance with Section 3-4.
To: (b) Eligibility
Any voter shall be eligible to hold the office of councillor-at-large. A district councillor shall at the time of election be a voter and resident of the district from which the councillor is elected.
A councillor-at-large who shall cease to be a resident of the city during the term for which such councillor was elected shall be deemed to have vacated the office of council-at-large and the office shall be considered vacant. If a district councillor moves from one district to another within the first twelve months of the term of office for which such councillor was elected, the office shall be considered vacant. Any district councillor who continues to reside in the city but who moves from the district he or she represents during the last twelve months of his or her term of office shall continue to serve for the balance of the term for which the district councillor was elected. Any vacancy in the office of councillor-at-large or district councillor shall be filled in accordance with Section 3-4.
Purpose: Declares vacancy of a district council seat if the councillor moves from the district in the first year of the term.
Change Section 3-1 Composition; Eligibility; Election and Term from:
The term of office of municipal council members shall be for two years beginning on the first town business day of January following the biennial election, and continuing until their successors are qualified.
To: (c) Election and Term
The term of office of city council members shall be for two years beginning on the first business day of January following the regular municipal election, and continuing until their successors are qualified.
Purpose: Clarify language.
Change Section 3-2 Council Organization from:
After the councillors-elect have taken the oath of office, the municipal council shall be called together by the town clerk for the purpose of conducting an election among council members for the office of municipal council president and vice-president to serve at the pleasure of the municipal council. The president shall preside at all meetings of the municipal council, perform ceremonial functions and perform such other functions as may be assigned by this charter, by ordinance or by vote of the municipal council. The vice-president shall perform all duties of the council president during the council president’s absence or disability.
To: Section 3-2 Council Organization
After the councillors-elect have taken the oath of office, the city council shall be called together by the city clerk for the purpose of conducting an election among council members for the office of city council president and vice-president to serve at the discretion of the city council. The president shall preside at all meetings of the city council, perform ceremonial functions and perform such other functions as may be assigned by this charter, by ordinance or by vote of the city council. The vice-president shall perform all duties of the council president during the council president’s absence or disability.
Purpose: Clarify language
Change Section 3-3 General Powers and Duties from:
Except as otherwise provided by law or by this charter, all powers of the town shall be vested in the municipal council that shall provide for their exercise and for the performance of all duties and obligations imposed on the town by law.
To: Section 3-3 General Powers and Duties
Except those powers and duties assigned to the executive branch, other boards, commissions, or committees by this charter or by Massachusetts General Laws, all powers of the city shall be vested in the city council. The council shall provide for their exercise and for the performance of all duties and obligations imposed on the city by law.
Purpose: Clarify language.
Change Section 3-4 Filling of Vacancies on the City Council from:
If a vacancy occurs in the office of municipal councillor, whether by failure to elect or otherwise, the remaining councillors shall, within thirty days following the date such vacancy is declared to exist, fill said vacancy. The municipal council in the filling of any vacancy shall choose the defeated candidate for the seat in which the vacancy is declared to exist at the last regular town election immediately proceeding the date of the vacancy is declared to exist, provided however, that the defeated candidate for the office of councillor-at-large or the office of district councillor shall have received at least twenty-five percent of the total votes cast for the office of councillor-at-large or for the office of district councillor. If there was no other candidate for said office of councillor-at-large or district councillor, or the defeated candidate shall not have received a sufficient number of total votes cast, the municipal council may at their discretion choose from among the voters entitled to vote for such office. Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein provided, if a regular town election is to be held within 120 days following the date the vacancy is declared to exist. The municipal council shall be the sole judge of whether a vacancy shall exist in the office of municipal councillor and may declare an office vacant by a majority vote of the council.
To: Section 3-4 Filling of Vacancies
If a vacancy occurs in the office of city councillor, whether by failure to elect or otherwise, the vacancy shall be filled by the unelected candidate receiving the highest votes in the same election, if any, provided that candidate received at least thirty percent of the vote for that office. Said candidate shall be notified by the city clerk of the vacancy, and if the candidate declines to be sworn to office within ten days, has moved from the city, or is otherwise unable to serve, the council shall choose a successor to fill the vacancy from among the voters entitled to vote for such office. Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein provided, if a regular municipal election is to be held within 120 days following the date the vacancy is declared to exist. The city council shall be the sole judge of whether a vacancy shall exist in the office of city councillor and may declare an office vacant by a majority vote of the council.
Purpose: Clarify and simplify language.
Change Section 3-5 Exercise of Powers; Quorum; Rules of Procedure from:
(b) Quorum
A quorum shall be a majority of the full municipal council. The affirmative vote of a majority of the full municipal council shall be necessary to adopt any appropriation order. Except as otherwise provided by the laws of the commonwealth or this charter, any other motion or measure may be adopted by a majority vote of those present.
To: (b) Quorum
A quorum shall be a majority of the full membership of the city council. The affirmative vote of a majority of the full membership of the city council shall be necessary to adopt any appropriation order. Except as otherwise provided by the laws of the Commonwealth or this charter, any other motion or measure may be adopted by a majority vote of those city councillors present.
Purpose: Clarify language.
Change Section 3-5 Exercise of Powers; Quorum; Rules of Procedure from:
Rules of Procedure
The municipal council shall from time to time establish written rules for its proceedings. Regular meetings of the municipal council shall be held at a time and place fixed by ordinance but shall be not less frequent than once monthly; provided however, that the council president may suspend meeting during the month of July or August. Special meetings of the municipal council may be held on the call of the president of the municipal council, or on the call of any three members, by written notice delivered to the town clerk at least forty-eight hours in advance of the time set. Except as otherwise authorized by the laws of the commonwealth all sessions of the municipal council shall be open to the public and an agenda of any regular or special municipal council meeting shall be posted in the office of the town clerk and on the town bulletin board at least forty-eight hours prior to any such meeting. Such posting shall not preclude the municipal council from the introduction of additional agenda items as allowed by the municipal council’s rules of procedure. Every matter coming before the municipal council for action shall be put to a vote, the result of which shall be duly recorded. All municipal council votes on ordinances, appropriation orders, or loan authorizations shall be taken by roll call vote, and shall be duly recorded. A full, accurate, and up-to-date record of the proceedings of the municipal council shall be kept by the municipal council and shall be open to inspection by the public. The rules of procedure of the municipal council shall provide for a period of public comment at regular meetings of the municipal council. Any members of the municipal council or the mayor may submit an item or measure to the municipal council for consideration.
To: (c) Rules of Procedure
The city council shall within the first four months following of the term and from time to time thereafter establish and adopt written rules for its procedures and make public those proposed rules thirty days before adoption. Prior to adoption of proposed rules, the city council shall operate under the previously adopted rules. Regular meetings of the city council shall be held at a time and place fixed by ordinance but shall be not less frequent than once monthly. However, the council president may suspend meetings during the months of July and August. Special meetings of the city council may be held on the call of the mayor, the council president, or on the call of any three members, by written notice delivered to the city clerk at least forty-eight hours in advance of the time set. Except as otherwise authorized by the laws of the Commonwealth all sessions of the city council shall be open to the public and an agenda of any regular or special city council meeting shall be posted in the office of the city clerk and on the city bulletin board at least forty-eight hours prior to any such meeting. Such posting shall not preclude the city council from the introduction of additional agenda items as allowed by the city council’s rules of procedure. Every matter coming before the city council for action shall be put to a vote, the result of which shall be duly recorded. All city council votes on ordinances, appropriation orders, or loan authorizations shall be taken by roll call vote, and shall be duly recorded. A full, accurate, and up-to-date record of the proceedings of the city council shall be kept by the clerk of the city council and shall be open to inspection by the public as required by law. The rules of procedure of the city council shall provide for a period of public comment at regularly scheduled meetings of the city council. Any members of the city council or the mayor may submit an item or measure to the city council for consideration.
Purpose: Clarify language to specify the council shall review and adopt rules of procedure every two years, and ensures public access to the draft rules of procedure prior to adoption.
Change Section 3-7 Measures; Emergency Measures; Objection; Publication of Measures from:
In General
No measure shall be passed finally on the date on which it is introduced, except in cases of special emergency involving the health or safety of the people or their property. Except as otherwise provided by this charter, every adopted measure shall become effective at the expiration of fifteen days after adoption or at any later date specified therein. Measures not subject to referendum shall become effective upon adoption. No ordinance shall be amended or repealed except by another ordinance adopted in accordance with this charter, or as provided in the initiative and referendum procedures.
To: (a) In General
No measure shall be passed finally on the date on which it is introduced, except in cases of special emergency involving the health or safety of the people or their property or other matters not admitting of delay. Except as otherwise provided by this charter, every adopted measure shall become effective at the expiration of fifteen days after adoption or at any later date specified therein. Measures not subject to referendum shall become effective upon adoption. No ordinance shall be amended or repealed except by another ordinance adopted in accordance with this charter, or as provided in the initiative and referendum procedures.
Purpose: Clarify language.
Change Section 3-7 Measures; Emergency Measures; Objection; Publication of Measures from:
(c) Objection
On the first occasion that the question on adoption of a measure is put to the municipal council, if a single member objects to the taking of the vote, the vote shall be postponed until the next meeting of the municipal council whether regular or special. If one member shall further object, such postponement shall be until the next regular meeting; but for an emergency measure at least three members must object. This procedure shall not be used more than once for any measure notwithstanding any amendment to the original measure.
To: (c) Objection
On the first occasion that the question on adoption of a measure is put to the city council, if a single member objects to the taking of the vote, the vote shall be postponed until the next meeting of the city council whether regular or special. If more than one member shall object, such postponement shall be until the next regular meeting. For an emergency measure to be postponed at least three members must object, in which case such postponement shall be until the next regular meeting. This procedure shall not be used more than once for any measure notwithstanding any amendment to the original measure.
Purpose: Clarify language.
Change Section 3-7 Measures; Emergency Measures; Objection; Publication of Measures from:
(d)Publication of Measures
Upon final passage, notice of the subject matter of every ordinance, appropriation order, or loan authorization shall be published in at least one newspaper of general circulation within the town and posted on the town bulletin board. Any such publication notice required shall state the summary of the finally enacted ordinance or ordinances, appropriation order, or loan authorization, and the times and places at which copies of such measures may be obtained or reviewed by the public and copies shall be permanently filed at the public library and with the town clerk. The municipal council shall annually prepare a document describing the action of the council in the preceding fiscal year which shall include the text of every ordinance, appropriation order, or loan authorization.
To: (d) Publication of Measures
Upon final passage, notice of the subject matter of every ordinance, appropriation order, or loan authorization shall be published in at least one newspaper of general circulation within the city and posted on the city bulletin board. Any such publication notice required shall state the title of the finally enacted ordinance or ordinances, appropriation order or loan authorizations and the times and places at which copies of such measures may be obtained or reviewed by the public. Copies shall be permanently filed at the public library and with the city clerk. The city council shall annually prepare a document describing the action of the council in the preceding fiscal year which shall include the text of every ordinance, appropriation order, or loan authorization which will also be filed at the public library and with the city clerk.
Purpose: Reduces costs by limiting the content of the newspaper advertisement to place and time public documents are available. Requires the annual record describing the action of the council be filed with the clerk and made available at the public library.
Change Section 3-8 Inquiries and Investigations from:
The municipal council or a subcommittee of it may require any town officer, employee or member of a board, commission or committee to appear before it, and give such information as it may require in relation to an office or position held by such person, its function and performance. The municipal council shall give at least forty- eight hours written notice of the general scope of the inquiry which is to be made to any person it shall require to appear before it under this section.
The municipal council may make investigations into the affairs of the town and into the conduct of any town agency, and for this purpose may subpoena witnesses, administer oaths and require the production of evidence.
To: Section 3-8 Inquiries and Investigations
The city council may require the mayor, any city officer or employee or member of an appointed board, commission or committee to appear before it or a subcommittee of the city council, and give such information as the city council may require in relation to the office or position held by or administered by such person, its function and performance. The city council shall give at least five days written notice of the scope of the inquiry which is to be made to any person the city council shall require to appear before the city council or its subcommittee it under this section.
The city council may make investigations into the affairs of the city and into the conduct of any city agency. For this purpose the city council may subpoena witnesses, administer oaths and require the mayor, any city officer or employee or a member of an appointed board, commission or committee to appear before the city council or its subcommittee or produce such evidence as requested by the city council.
Purpose: Specifies the authority of the council for investigation and increases the notification requirement from two days to five for any person called to appear before the council.
Change Section 3-11 Compensation; Expenses from:
The municipal council shall by ordinance, establish an annual expense allowance and salary for its members. Except as provided by this section, members of the municipal council shall receive no other compensation or benefits from the town.
No ordinance increasing such salary or expense allowance shall be effective however, unless it shall have been adopted by a four-fifths vote of the full municipal council during the first eighteen months of the term for which councillors are elected and the revised salary and expense schedule is to be effective upon the commencement of the terms of office of the next municipal council to be elected.
To: Section 3-11 Compensation; Expenses
The city council shall by ordinance, establish an annual expense allowance and salary for its members. Except as provided by this section, members of the city council shall receive no other compensation or benefits from the city.
No ordinance increasing such salary or expense allowance shall be effective unless it shall have been adopted by a two-thirds vote of the full city council membership during the first eighteen months of the term for which councillors are elected and the revised salary and expense schedule is to be effective upon the commencement of the terms of office of the next municipality council to be elected.
Purpose: Adjusts majority requirement from four-fifths to two-thirds of the full council membership to adopt adjustments in council compensation and benefits.
Change Section 4-1 Elected Officer in General from:
In addition to the mayor and municipal council, the offices to be filled by the voters shall be a school committee, a planning board, a board of library trustees, housing authority and such other regional authorities, districts, or committees as may be established by law or inter-local agreement. The school committee, planning board, board of library trustees, and housing authority shall be nominated and elected by and from the voters at large and their terms of office shall begin on the first town business day of January following the biennial election, and continuing until their successors are qualified.
To: Section 4-1 Elected Officers in General
In addition to the mayor and city council, the offices to be filled by the voters shall be a school committee, a planning board, a board of library trustees, housing authority and such other regional authorities, districts, or committees as may be established by law or inter-local agreement. The members of the school committee, planning board, board of library trustees, and housing authority shall be nominated and elected by and from the voters at large and their terms of office shall begin on the first business day of January following the regular election, and continuing until their successors are qualified.
Purpose: Clarify language.
Change Section 4-2 Eligibility from:
Any voter shall be eligible to hold elective town office provided that no person shall simultaneously hold more than one elective town office, and no elected officer shall hold an appointed town position or be otherwise employed by the town as may be otherwise provided for by this charter.
To: Section 4-2 Eligibility
Any voter shall be eligible to hold elective city office provided that no person shall simultaneously hold more than one elective city office, and no elected officer shall hold an appointed city position or office or be otherwise employed by the city unless as otherwise provided for in this charter.
Purpose: Clarify language.
Change Section 4-3 School Committee from:
Composition; Term of Office
There shall be a school committee composed of seven members; six members shall be nominated and elected by and from the voters at large. The mayor shall be the seventh member of the school committee and shall be the chairperson of the committee. The term of office of six school committee members shall be for four years. Terms of office shall be so arranged that the terms of as nearly an equal number of members as is possible expire at each regular election.
To: (a) Composition; Term of Office
There shall be a school committee composed of seven members; six members shall be nominated and elected by and from the voters at large. The mayor shall be the seventh member of the school committee and shall be the chairperson of the committee. The term of office of six school committee members elected to the school committee shall be for four years. Terms of office shall be so arranged that the terms of nearly an equal number of members as is possible expire at each regular election.
Purpose: Clarify language.
Change Section 4-5 Board of Library Trustees from:
Power and Duties
The board of library trustees shall have the custody and management of the library and of all property of the town related thereto. All money raised or appropriated by the town for its support and maintenance shall be expended by the board, and all money or property that the town may receive by gift or bequest shall be administered by the board in accordance with the provisions of such gift or bequest. The board of library trustees shall recommend candidates for the position of head librarian. The board of library trustees shall have all of the powers and duties given to boards of library trustees under the constitution and general laws of the commonwealth, and such additional powers and duties as may be authorized by the charter, by ordinance or by other municipal council vote.
To: (b) Power and Duties
The board of library trustees shall recommend candidate(s) to the mayor for the position of library director. The board of library trustees shall have all of the powers and duties given to board of library trustees under the state’s constitution and laws of the Commonwealth, and such additional powers and duties as may be authorized by this charter, by ordinance or by administrative order.
Purpose: Removes inconsistency with the charter and mayor-/council form of government. Authority of the library trustees will be specific to those enumerated in state law.
Change Section 4-7 Vacancy in Elected Offices from:
If a vacancy occurs in the membership of the school committee, planning board, board of library trustees, or housing authority, whether by failure to elect or otherwise, the president of the municipal council shall within thirty days following the date such vacancy is declared to exist, call a joint meeting of the municipal council and the board, commission or committee on which such vacancy shall exist for the purpose of filling said vacancy. At any such joint meeting a majority of those present and voting shall choose the defeated candidate for the seat in which the vacancy is declared to exist at the last regular town election immediately preceding the date the vacancy id declared to exist, provided however, that the defeated candidate shall have received at least twenty-five percent of the total votes cast for that office. If there was no other candidate for said office, or the defeated candidate shall not have received a sufficient number of the total votes cast, the municipal council and such other board, commission or committee may, at their discretion, choose from among the voters entitled to vote for such office. Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein before provided, if a regular town election is to be held within 120 days following the date the vacancy is declared to exist. If a vacancy is filled under this section, the term of office of which shall continue beyond the next regular election, the person chosen to fill said vacancy shall only serve until such next regular election. At such regular election the unexpired balance of the term of office shall be filled by the voters. The municipal council shall be the sole judge of whether a vacancy shall exist in the office of any elected office under this section, and may declare any such elected office vacant by a majority vote of the council.
To: Section 4-7 Vacancy in Elected Offices Other Than Mayor and City Council
If a vacancy occurs in the membership of the school committee, planning board, board of library trustees, or housing authority, whether by failure to elect or otherwise, the remaining members of said board or committee shall notify the president of the city council who will declare such vacancy to exist. The council president shall, within thirty days following the date such vacancy is declared to exist, call a joint meeting of the city council and the remaining members of the board or committee on which such vacancy exists for the purpose of filling said vacancy. At any such joint meeting a majority of those present and voting shall choose the unelected candidate who received the highest number of votes, if any, at the last regular municipal election immediately preceding the date of the vacancy for the seat declared vacant, provided however, that the unelected candidate shall have received at least thirty (30) percent of the total votes cast for that office. Should more than one unelected candidate meet the criterion as described above, the vote of the affected board of committee and the council shall include all such candidates.
If there is no eligible candidate for said office, or the said candidate declines to be sworn to office within ten days, or has removed from the city, or is otherwise unable to serve, the city council and such other board or committee will choose from among the voters entitled to vote for such office. Said vacancy shall be posted for a minimum of thirty days, and the council and the affected board shall meet at a special council meeting called for the purpose or at a regularly scheduled council meeting where such candidates will be granted equal time to speak. At the same meeting, or the next following meeting, the council and the affected board shall vote to fill the vacancy from among the announced candidates. The council and the affected board or committee shall act in this matter as a committee of the whole, requiring a majority vote of the full council membership and remaining members of the affected board or committee, to choose a candidate to fill the vacancy.
Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein provided, if a regular municipal election is to be held within one hundred twenty days following the date the vacancy is declared to exist. If a vacancy is filled under this section and the term of office continues beyond the next regular election, the person chosen to fill said vacancy shall only serve until such next regular election. At such regular election the unexpired balance of the term of office shall be filled by the voters.
Should the remaining members of the school committee, planning board, board of library trustees, or housing authority fail to declare a vacancy, the city council shall be the sole judge of whether a vacancy exists in the office of any elected office under this section and may declare any such elected office vacant by a majority vote of the council.
Purpose: Simplify language.
Change Section 4-8 Prohibitions from:
No elected member of the school committee, board of library trustees, planning board or housing authority shall hold any compensated appointive office or employment under the town until one year after the expiration of the term of office of such elected member. This provision shall not prevent a town officer or employee who has taken a leave of absence from such duties in order to serve as a member of such elected office from returning to such employment or office following service as an elected member of the school committee, board of library trustees, planning board or housing authority.
To: Section 4-8 Prohibitions
No elected member of the school committee, board of library trustees, planning board or housing authority shall hold any compensated appointive office or employment under the city until one year after the expiration of the term of office of such elected member. This provision shall not prevent a city officer or employee who has been granted a leave of absence, by their appointing authority, from such duties in order to serve as a member of such elected office from returning to such employment or office following service as an elected member of the school committee, board of library trustees, planning board or housing authority.
Purpose: Clarify language
Change Section 5-2 Submission of Operating Budget; Budget Message from:
In accordance with the laws of the commonwealth before the commencement of the ensuing fiscal year, the mayor shall submit to the municipal council a proposed operating budget for all town agencies for the ensuing fiscal year with an accompanying budget message and supporting documents. The budget message submitted by the mayor shall explain the budget in fiscal terms and in terms of work programs for all town agencies. It shall outline the proposed fiscal policies of the town for the ensuing fiscal year; describe important features of the proposed operating budget and indicate any major variations from the current budget, fiscal policies, expenditures and revenues together with reasons for such change. The proposed operating budget shall provide a complete fiscal plan of all town funds and activities and shall be in the form the mayor deems desirable.
The operating budget as adopted by the school committee shall be submitted to the mayor at least thirty days prior to the submission of the proposed operating budget to the municipal council. The mayor shall notify the school committee of the date by which the operating budget of the school committee shall be submitted to the mayor. The chief financial officer shall coordinate the preparation of the budget preparation process with the superintendent of schools and the school committee’s budget process in accordance with the laws of the commonwealth.
To: Section 5-2 Submission of Operating Budget; Budget Message
In accordance with the laws of the Commonwealth before the commencement of the ensuing fiscal year, the mayor shall submit to the city council a proposed operating budget for all city agencies with an accompanying budget message and supporting documents. The mayor shall outline the proposed fiscal policies of the city; describe important features of the proposed operating budget and indicate any major variations from the current budget, fiscal policies, expenditures and revenues together with reasons for such change. The proposed operating budget shall provide a complete fiscal plan of all city funds and activities and shall be submitted in the form the mayor deems desirable.
The operating budget as adopted by the school committee shall be submitted to the mayor at least thirty days prior to the submission of the proposed operating budget to the city council. The mayor shall notify the school committee of the date by which the operating budget of the school committee shall be submitted to the mayor. The chief financial officer shall coordinate the preparation of the budget with the superintendent of schools and the school committee’s budget process in accordance with the laws of the Commonwealth.
Purpose: Clarify language simplify the requirements of the budget submission.
Change Section 5-3 Action of the Budget from:
(a)Public Hearing
The municipal council shall publish, in at least one newspaper of general circulation in the town, a summary of the proposed operating budget as submitted by the mayor by a notice stating: (1) the times and places where copies if the entire proposed operating budget are available for inspection by the public, and (2) the date, time and place not less than fifteen days after such publication, when a public hearing on said proposed operating budget will be held by the municipal council. For the purpose of this section, the summary of the proposed operating budget that is required to be published shall contain proposed appropriations, funding sources and any narrative summary deemed necessary by the municipal council.
To: (a) Public Hearing
The city council shall publish, in at least one newspaper of general circulation in the city, a notice of the recommended operating budget as submitted by the mayor. The notice shall state: (1) the times and places where copies of the recommended operating budget are available for inspection by the public, and (2) the date, time and place not less than fifteen days after such publication, when a public hearing on said recommended operating budget will be held by the city council.
Purpose: Reduces costs by limiting the content of the newspaper advertisement to place and time public documents are available; and date, place and time of the public hearing on the recommended budget.
Change Section 5-3 Action of the Budget from:
(b)Adoption of the Budget
The municipal council shall adopt the operating budget, with or without amendments, within forty-five days following the date the budget is filed with the clerk of the council. In amending the operating budget, the municipal council may delete or decrease any amounts except expenditures required by law, but except on the recommendation of the mayor, the municipal council shall not increase any item in or the total of the proposed operating budget, unless otherwise authorized by the laws of the commonwealth.
If the municipal council fails to take action with respect to any item in the operating budget within forty-five days after receipt of the budget, such amount shall, without any action by the municipal council become a part of the appropriations for the year, and be available for the purposes specified.
To: (b) Adoption of the Budget
The city council shall adopt the operating budget, with or without amendments, within forty-five days following the date the budget is filed with the clerk of the council. In amending the operating budget, the city council may delete or decrease any amounts except expenditures required by law. Except upon the recommendation of the mayor, the city council shall not increase any item in or the total of the proposed operating budget, unless otherwise allowed by the laws of the Commonwealth.
If the city council fails to take action with respect to any item in the operating budget within forty-five days after its receipt, such amount shall, without any action by the city council become a part of the appropriations for the next fiscal year, and be available for the purposes specified.
Purpose: Clarify language.
Change to Section 6-1 Administrative Organization from:
(a)Organization of Town Agencies
The organization of town government into operating agencies for the provision of services and the administration of government may, be accomplished through either of two methods provided for in Section 6-1 (a) (1) and (2). Subject only to the express prohibitions of the laws of the commonwealth or the provisions of this charter the town may organize operating agencies as deemed in the best interest of the town.
(1)Organization by Ordinance
The municipal council may be ordinance reorganize, consolidate, create, merge, divide or abolish any town department or agency, in whole or in part, establish such new town agencies as deemed necessary or advisable, and prescribe the functions and the administrative procedures to be followed by all such agencies.
(2)Executive Reorganization Plans
The mayor may by administrative order reorganize, consolidate, create, merge, divide or abolish any town department or agency, in whole or in part, establish such new town agencies as the mayor deems necessary or advisable, and prescribe the functions and the administrative procedures to be followed by all such agencies.
Administrative orders made by the mayor shall become effective on the thirtieth day following the day on which notice of the proposed administrative order is filed with the municipal council, unless the municipal council shall within such period by majority of the full municipal council vote to reject such administrative order or has sooner voted to affirm it.
(b)Publication of Reorganization Plans
For the convenience of the public, copies of reorganizations plans adopted under this section shall be filed in the office of town clerk and shall be printed as an appendix to the ordinances of the town.
To: Section 6-1 Administrative Organization
(a) Organization of City Agencies
The organization of city government into operating agencies for the provision of services and the administration of government may, be accomplished through either of two methods provided for in Section 6-1 (a) (1) and (2). Subject only to the express prohibitions of the laws of the commonwealth or the provisions of this charter the city may organize operating agencies as deemed in the best interest of the city.
(1) Organization by Ordinance
The City Council may by ordinance passed by two-thirds of the full city council membership reorganize, consolidate, create, merge, divide or abolish any city department or agency, in whole or in part, establish such new city agencies as deemed necessary or advisable, and prescribe the functions and the administrative procedures to be followed by all such agencies.
(2) Executive Reorganization Plans
The mayor may by administrative order reorganize, consolidate, create, merge, divide or abolish any city division, department or agency, in whole or in part, establish such new city agencies as the mayor deems necessary or advisable, and prescribe the functions and the administrative procedures to be followed by all such divisions, departments or agencies.
Administrative orders made by the mayor shall become effective on the thirtieth day following the day on which notice of the proposed administrative order is filed with the city council, unless the city council shall within such period by two-thirds of the full City Council membership vote to reject such administrative order or has sooner voted to affirm it.
(b) Publication of Administrative Orders
For the convenience of the public, copies of reorganization plans adopted under this section shall be filed in the office of city clerk and shall be printed as an appendix to the ordinances of the city. However, failure to print and publish such reorganization plans shall not invalidate the same.
Purpose: Maintains the authority to organize the administrative functions of the city to the mayor and to the City Council. Increases the majority requirement from a simple majority to two-thirds majority of the council (a) to reject a mayor’s administrative order reorganizing administrative functions or (b) to adopt an ordinance reorganizing administrative functions.
Change Section 6-2 Management of Human Resources from:
The mayor shall adopt rules and regulations establishing a personnel system. The personnel system shall make use of current concepts of personnel management and may include, but not be limited to, the following elements: a method of administration; personnel policies indicating the rights, obligations and benefits of employees; a classification plan; a compensation plan; a method of recruiting and selecting employees based upon merit principles; a centralized record keeping system; a performance appraisal system; disciplinary procedures; and other elements that are determined necessary.
Unless otherwise provided by this charter, all town agencies and positions shall be subject to the rules and regulations adopted under this section excluding those of the school department.
Rules and regulations adopted by the mayor shall become effective on the fifteenth day following the day on which notice of the rules and regulations are filed with the municipal council, unless the municipal council shall within such period by a two-thirds vote of the full municipal council vote to reject such rules and regulations.
To: Section 6-2 Management of Human Resources
The mayor shall adopt rules and regulations establishing a human resources system. The human resources system shall make use of current concepts of human resources management and may include, but not be limited to, the following elements: a method of administration; human resources policies indicating the rights, obligations and benefits of employees; a classification plan; a compensation schedule; a method of recruiting and selecting employees based upon merit principles; a centralized record keeping system; a performance appraisal system; disciplinary procedures; and other elements that are determined necessary.
Unless otherwise provided by this charter, all city agencies and positions shall be subject to the rules and regulations adopted under this section excluding those of the school department.
Rules and regulations adopted by the mayor shall become effective on the twenty first day following the day on which notice of the rules and regulations are filed with the City Council, unless the City Council shall within such period by a two-thirds vote of the full City Council vote to reject such rules and regulations.
Purpose: Reserves the authority to manage employees of the city to the mayor, excepting the school department employees. Modernizes language from “personnel” to “human resources”.
Change Section 6-3 Department of Administration and Finance from:
(a)Department Established
There shall be a department of administration and finance under the direction of a chief financial officer. The chief financial officer shall be appointed by and responsible to the mayor. The chief financial officer shall be a person especially qualified by education, experience and training to perform the duties of the office. The mayor may from time to time establish such additional qualifications as deemed necessary and appropriate.
(b)Responsibilities of the Chief Financial Officer
The chief financial officer shall be responsible for the coordination of all financial services and activities; maintenance of all accounting records and other financial statements; payment of all obligations; receipt of all funds due; assistance to all other town agencies in any matter related to financial affairs; monitoring of expenditures of all funds; including periodic reporting to appropriate agencies on the status of accounts; maintaining a full and complete inventory of town real and personal property; acting as the chief procurement officer; supervision of all date process or information management functions, unless otherwise provided, and any other matter relating to municipal finances as may be determined necessary or desirable. The chief financial officer shall assist the mayor with the preparation of an annual operating budget, financial forecasts, capital improvement program and other financial matters. The chief financial officer shall also keep the mayor fully informed as to the financial condition of the town and make recommendations as deemed necessary and perform such other duties as necessary or as may be assigned.
The chief financial officer shall supervise the offices and functions of the town accountant; treasurer, and collector. The chief financial officer shall also direct and supervise the daily operations of the board of assessors’ office, provided however, that the board of assessors shall continue to have the other powers, duties and responsibilities which are given to boards of assessors under the laws of the commonwealth. The chief financial officer may serve as the town accountant or the treasurer but may not serve as both officers.
The department of administration and finance may be restructured in accordance with Section 6-1 (1)(2) of this charter.
To: (a) Department Established
There shall be a department of administration and finance under the direction of a chief financial officer. The chief financial officer shall be appointed by and be responsible to the mayor. The chief financial officer shall be a person especially qualified by education, experience and training to perform the duties of the office. The mayor may from time to time establish such additional qualifications as deemed necessary and appropriate.
(b) Responsibilities of the Chief Financial Officer
The chief financial officer shall be responsible for the coordination of all financial services and activities; maintenance of all accounting records and other financial statements; payment of all obligations; receipt of all funds due; assistance to all other city agencies in any matter related to financial affairs; monitoring of expenditures of all funds; including periodic reporting to appropriate agencies on the status of accounts; maintaining a full and complete inventory of city real and personal property; supervision of all data processing or information management functions, unless otherwise provided, and any other matter relating to city finances as may be determined necessary or desirable. The chief financial officer shall assist the mayor with the preparation of the annual operating budget, financial forecasts, capital improvement program and other financial documents. The chief financial officer shall also keep the mayor fully informed as to the financial condition of the city and make recommendations as deemed necessary and perform such other duties as necessary or as may be assigned.
The chief financial officer shall supervise the offices and functions of auditing, treasury, and collecting. The chief financial officer shall also direct and supervise the daily operations of the assessing department, provided however, that the board of assessors shall continue to have the other powers, duties and responsibilities which are given to boards of assessors under the laws of the Commonwealth. The chief financial officer may serve as the auditor or the treasurer/collector but may not serve as both.
The department of administration and finance may be subject to reorganization in accordance with Section 6-1 of this charter.
Purpose: Removes requirement that CFO serve as chief procurement officer (as Section 2-2 makes the Mayor to be the City's chief procurement officer). Clarify language.
Change Section 6-4 Liquor Licensing Commission from:
There shall be a liquor licensing commission established in accordance with the laws of the commonwealth, provided however, any member appointed to the commission may only serve one term of office.
To: 6-4 Liquor Licensing Commission -
There shall be a Liquor Licensing Commission established in accordance with the laws of the Commonwealth.
Purpose: Removal of the second sentence allows for the Liquor License Commission to exist according to state law without term limits.
Change Section 7-1 City Elections; General and Preliminary from:
The regular town election shall be held on the first Tuesday following the first Monday in November of each odd numbered year.
On the seventh Tuesday preceding every regular town election, there shall be held a preliminary election for the purpose of nominating candidates.
To: Section 7-1 City Elections; Regular and Preliminary
The regular municipal election shall be held on the first Tuesday following the first Monday in November of each odd numbered year.
On the seventh Tuesday preceding every regular municipal election, there shall be held a preliminary election for the purpose of nominating candidates, if necessary, to assure that no more than twice the number of candidates for the available offices appear on the regular municipal election ballot.
Purpose: Clarify language and specify primaries occur only when required to reduce the number of candidates for office.
Change Section 7-3 Regular Election from:
Information to Voters
For any candidate in a regular town election who is an elected incumbent of the office which is sought, against the candidate’s name shall appear the phrase “candidate for re-election”.
To: (a) Information to Voters
For any candidate in a regular municipal election who is an elected incumbent of the office which is sought, next to the candidate’s name shall appear the phrase “candidate for re-election”.
Purpose: Clarify language.
Change Section 7-5 Application of State Laws from:
Except as expressly provided in this charter and authorized by laws of the commonwealth, all town elections shall be governed by the laws of the commonwealth relating to the right to vote, the registration of voters, the nomination of candidates, the conduct of preliminary and regular and special elections, the submission of charter amendments and other propositions, the counting of votes and the declaration of results.
To: Section 7-5 Application of State Laws
Except as otherwise expressly provided in this charter and authorized by laws of the Commonwealth, all municipal elections shall be governed by the laws of the Commonwealth relating to the right to vote, the registration of voters, the nomination of candidates, the conduct of preliminary and regular and special elections, the submission of charter amendments and other propositions, the counting of votes and the declaration of results.
Purpose: Clarify language.
Change Section 8-2 Citizen Initiative Measures from:
Commencement of Proceedings
Initiative procedures shall be started by the filing of an initiative petition with the town clerk. The petition shall be addressed to the municipal council or the school committee, shall contain a request for passage of a particular measure set forth in the petition and shall be signed by not less than twenty percent of the total number of voters.
Signatures to initiative petitions need not be all on one paper. All such papers pertaining to any one measure shall be fastened together and shall be filed in the office of the town clerk as one instrument, with the endorsement thereon of the names and addresses of the persons designated as filing the same. With each signature to the petition, shall be stated the place of residence of the signer, giving the street and number, if any.
Within ten days of the filing of said petition, the registrars of voters shall ascertain by what number of votes the petition is signed, and shall attach thereto their certificate showing the result of such examination.
The town clerk shall forthwith transmit the said certificate with the said petition to the municipal council or to the school committee, as appropriate, and at the same time shall send a copy of said certificate to the persons designated on the petition as filing the same.
When such certificate has been so transmitted, said petition shall be deemed to be valid unless written objections are made with regard to the signatures thereon by a voter within forty-eight hours after such certification by filing such objections with the municipal council or the school committee, and a copy thereof with the registrars of voters. The validity of any objection to the certification shall be determined in accordance with the laws of the commonwealth.
To: (a) Commencement of Proceedings
Initiative procedures shall be started by the filing of an initiative petition with the city clerk. The petition shall be addressed to the city council or the school committee, shall contain a request for passage of a particular measure set forth in the petition and shall be signed by not less than twenty percent of the total number of voters.
Signatures to initiative petitions need not be all on one paper. All such papers pertaining to any one measure shall be fastened together and shall be filed in the office of the city clerk as one instrument, with the endorsement thereon of the names and addresses of the persons designated as filing the same. With each signature to the petition, shall be stated the place of residence of the signer, giving the street and number, if any.
Within ten days of the filing of said petition, the registrars of voters shall ascertain by what number of voters the petition is signed, and shall attach thereto their certificate showing the result of such examinations.
The city clerk shall forthwith transmit the said certificate with the said petition to the city council or to the school committee, as appropriate, and at the same time shall send a copy of said certificate to the persons designated on the petition as filing the same.
When such certificate has been so transmitted, said petition shall be deemed to be valid unless written objections are made with regard to the signatures thereon by a voter within forty-eight hours after such certification by filing such objections with the city council or the school committee, and a copy thereof with the registrars of voters. The validity of any objection to the certification shall be determined in accordance with the laws of the Commonwealth.
Purpose: Clarify language
Change Section 8-2 Citizen Initiative Measures from:
Referral to Town Attorney
If the town clerk determines that a sufficient number of signers are voters, the town clerk shall transmit a copy of the petition to the town attorney.
Within fifteen days after receipt by the town attorney of the petition the town attorney shall advise the town clerk in writing whether the measure may be proposed by initiative procedures and whether it may be lawfully passed by the municipal council or the school committee. If the opinion of the town attorney is that the measure may not lawfully be passed, the town attorney shall state the reason or reasons therefor in said reply. The town clerk shall forthwith furnish a copy of the town attorney’s opinion to the person designated on the petition as filing the same.
To: (b) Referral to City Solicitor
If the city clerk determines that a sufficient number of signers are voters, the city clerk shall submit a copy of the petition to the city solicitor.
Within fifteen days after receipt by the city solicitor of the petition the city solicitor shall advise the city clerk in writing whether the measure may be proposed by initiative procedures and whether it may be lawfully passed by the city council or the school committee. If the opinion of the city solicitor is that the measure may not lawfully be passed, the city solicitor shall state the reason or reasons therefore in said reply. The city clerk shall forthwith furnish a copy of the city solicitor’s opinion to the person designated on the petition as filing the same.
Purpose: Clarify language and the typographical error in word "latter" is fixed to be the correct word "later".
Change Section 8-2 Citizen Initiative Measures from:
(d)Ballot Question
The ballots used when voting upon a proposed measure under this section shall state the nature of the measure in terms sufficient to show the substance thereof by preparation of a fair, concise summary by the town attorney and approved by the registrars of voters.
The full text of the measure shall be published in a least one local newspaper at least seven days before the election at which the question shall appear on the ballot.
The ballot used when voting upon a proposed measure under this section shall contain the question in substantially the follow form:
Shall the following measure which was proposed by an initiative petition take effect?
(Text of measure summary) Yes_____ No_____
If a majority of the votes cast on the question is in the affirmative the measure shall be deemed to be effective forthwith, unless a later date is specified in the measure.
To: (d) Ballot Question
The ballots used when voting upon a proposed measure under this section shall state the nature of the measure in terms sufficient to show the substance thereof by preparation of a fair, concise summary by the city solicitor and approved by the registrars of voters.
The full text of the measure shall be published in at least one local newspaper at least seven days before the election at which the question shall appear on the ballot. The full text of the proposed measure shall also be made available at city hall and the public library for a minimum of fourteen days prior to the election and at polling places on the day of the election. The ballot used when voting upon a proposed measure under this section shall contain the question in substantially the follow form:
Shall the following measure which was proposed by an initiative petition take effect?
(Text of measure summary)Yes_____No_____
If a majority of the votes cast on the question is in the affirmative the measure shall be deemed to be effective forthwith, unless a later date is specified in the measure.
Purpose: Require text of the proposed measure be available prior to the election and at the polling place during the election.
Change Section 8-5 Measures not Subject to Initiative and Referendum from:
Measures which include the following subject matter shall not be subject to initiative or referendum procedures:
revenue loan orders, (b) appropriations for the payment of debt or debt service, (c) internal operational procedures of the municipal council and the school committee; (d) emergency measures; (e) the town budget or any appropriation contained therein or the school committee budget or any appropriation contained therein, or the capital improvements program or any item contained therein; (f) appropriation of funds to implement a collective bargaining agreement; (g) procedures relating to election, appointment, removal, discharge or any other personnel action; and (h) proceedings providing for the submission or referral of a matter to the voters at an election.
To: Section 8-5 Measures not Subject to Initiative and Referendum
Measures which include the following subject matter shall not be subject to initiative or referendum procedures:
revenue loan orders, (b) appropriations for the payment of debt or debt service, (c) internal operational procedures of the city council and the school committee, (d) emergency measures, (e) the city budget or any appropriation contained therein or the school committee budget or any appropriation contained therein, (f) appropriation of funds to implement a collective bargaining agreement, (g) procedures relating to election, appointment, removal, discharge or any other personnel action, (h) proceedings providing for the submission or referral of a matter to the voters at an election; and (i) setting of property tax rate.
Purpose: Add restriction from referendum on setting of the property tax rate consistent with state law.
Change Section 8-8 Recall of Elected Officials from:
(a)Application
Any person who holds an elected town office with more than six months remaining of the term of office for which such person was elected, at the time of the filing of the affidavit may be recalled from office by the voters in the manner provided in this section. No recall petition may be filed against an officer within six months after taking office.
(b)Recall Petitions
A recall affidavit signed by a least three hundred voters for any officer elected at large and by at least one hundred for any officer elected by district may be filed with the town clerk containing the name of the office whose recall is sought and a statement of the grounds for recall. The board of registrars of voters shall certify such petitions with regard to the sufficiency and validity of the signatures of voters and within five working days following such filing the town clerk shall deliver to the ten persons first named on such petitions, petition blanks demanding said recall, printed forms of which the town clerk shall keep available. The blanks may be completed by printing or typewriting; they shall be addressed to the municipal council; they shall contain the names of the ten persons to whom they are issued and the grounds for the recall as stated in the affidavit; they shall be dated and signed by the town clerk. A copy of the petition shall be entered into the records kept in the office of the town clerk.
The recall petitions shall be returned to the office of the town clerk within twenty days following the date the blanks are issued, signed by a least twenty percent of the total number of persons who voted at the most recent municipal election for officers elected at large, and, for officers elected by district signed by at least twenty percent of the total number of persons who voted at the most recent municipal election from the district officer sought to be recalled represents.
The town clerk shall forthwith submit the petition to the registrars of voters, and the registrars shall within five working days, certify thereon the names of the registered voters of the town, or from the district the officer sought to be recalled represents.
To: Section 8-8 Recall of Elected Officials
(a) Application
Any person who holds an elected city office with more than six months remaining of the term of office for which such person was elected, at the time of the filing of the affidavit may be recalled from office by the voters in the manner provided in this section. No recall petition may be filed against an officer until six months after taking office.
(b) Recall Requests
A recall affidavit signed by a least three hundred voters with a minimum of twenty five (25) signatures from each district for any officer elected at large and by at least one hundred for any officer elected by district may be filed with the city clerk containing the name of the office whose recall is sought and a statement of the reasons for recall (and any reasons shall suffice). The board of registrars of voters shall certify such Requests with regard to the sufficiency and validity of the signatures of voters. Within five business days following such filing the city clerk shall deliver to the ten persons first named on such Requests, Requests blanks demanding said recall, printed forms of which the city clerk shall keep available. The blanks may be completed by printing or typewriting; they shall be addressed to the city council; they shall contain the names of the ten persons to whom they are issued and the reasons for the recall as stated in the affidavit; they shall be dated and signed by the city clerk. A copy of the Requests shall be entered into the records kept in the office of the city clerk.
Purpose: Require a minimum of signatures from each district for recall of officers elected at large. Clarify language.
(c) Recall Petitions
The recall petitions shall be returned to the office of the city clerk within twenty days following the date the blanks are issued, signed by a least ten (10) percent of the total number of persons registered to vote for officers who are elected at-large, and, for officers elected by district signed by at least ten (10) percent of the total number of persons registered to vote in such district.
The city clerk shall forthwith submit the petition to the registrars of voters, and the registrars shall within five business days, certify thereon the names of the registered voters of the city, or from the district the officer sought to be recalled represents.
Purpose: Set threshold of voters signatures based on number of eligible registered voters not number of voters in last election.
(d) Recall Election
If the petition signatures shall be found and certified by the city clerk to be sufficient and valid, the city clerk shall submit the same with such certificate to the city council within five business days, and the city council shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled, and shall, if the officer does not resign within five days thereafter, order an election to be held on a Tuesday fixed by them not less than 65 days but not more than 90 days after the date of the city clerk’s certificate, provided however, that if any city election is otherwise to occur within one hundred twenty days after the date of said certificate, the city council may, at its discretion, omit the calling of a special election and submit the proposed recall to the voters at such approaching election. The recall election for any officer elected by district shall only be held in the district that the officer represents. Should multiple officers from more than one district be subject to recall, the election shall be held only in those districts.
If a vacancy occurs in said office after a recall election has been ordered, the election shall not proceed as provided in this section, and the resulting vacancy shall be filled as provided in this charter.
Purpose: Require special election occur on a Tuesday. Clarify language regarding multiple recalls and the filling of vacancies.
(e) Office Holder
The incumbent shall continue to perform the duties of the office until the recall election. If said incumbent is not recalled, the incumbent shall continue in office for the remainder of the unexpired term subject to recall as before.
If recalled, the officer shall be deemed removed and the office vacant. The vacancy resulting from the recall shall be filled in accordance with the provisions of this charter. Any person appointed to fill such vacancy shall hold office for the unexpired term of the officer recalled.
(f) Ballot Proposition:
The form of the question to be voted upon shall be substantially as follows: “Shall – here insert the name and title of the elective officer whose recall is sought – be recalled?” If a majority of the votes cast upon the question of recall is in the affirmative, such elected officer shall be recalled.
No recall election shall be effective unless at least thirty percent of the eligible registered voters in the city or in the district, as applicable, shall have voted.
Purpose: Clarify language.
(g) Repeat of Recall
In the case of an officer subjected to a recall election and not recalled thereby, no recall petition shall be filed against such officer for at least six months after the election which the officer’s recall was submitted to the voters of the city.
(h) Office Holder Recalled
No person recalled from office or who has resigned from office while recalling proceedings were pending against such person, shall be appointed to any city office within two years after such recall or resignation.
Change Section 9-3 Rules of Interpretation from:
(d)Computation of Time
Except as pertaining to the computation of time for elections and open meetings of government bodies, in computing time under this charter, if seven days or less, only business days, not including Saturdays, Sundays, or legal holidays shall be counted; if more than seven days, every day shall be counted.
To: (d) Computation of Time
Except as pertaining to the computation of time for elections and open meetings of government bodies, in computing time under this charter, if seven days or less, only business days, not including Saturdays, Sundays, or legal holidays shall be counted; if more than seven days, every day shall be counted. All days shall be considered 24 hours long commencing at 12 midnight and ending at 11:59:59 p.m.
Purpose: Clarify computation of time.
Change Section 9-4 Definitions from:
Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in this act shall have the following meanings:
To: Section 9-4 Definitions
Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in this charter shall have the following meanings:
Purpose: Clarify language.
Change Section 9-4 Definitions from:
Charter – The word “charter” shall mean this charter and any amendments to it made through any methods provided under Article LXXXIX of the Amendments to the Constitution of the Commonwealth.
To: (a)Charter – The word “charter” shall mean this charter and any amendments to it made through any methods provided under Article LXXXIX of the Amendments to the Constitution of the Commonwealth.
Purpose: Cite the proper Amendment Article.
Change Section 9-5 Board, Committees or Commissions from:
Except as otherwise provided by this charter, all boards, commissions and committees shall consist of three or more members appointed for terms of three years each, so arranged that the term of one-third of the members, or as nearly the number as may be possible, shall expire each year. All members of boards, commissions, and committees shall serve without compensation or benefits and shall be sworn into office within four weeks of their appointment. All board, commission or committee members must take the oath of office prior to entering upon the duties of their office.
To: (a) Board, Committees or Commissions; Term of Office; In General
Except subcommittees of the city council and as otherwise provided by law or this charter, all boards, commissions and committees shall consist of three or more members appointed by the mayor for terms of three years each, so arranged that the term of one-third of the members, or as nearly the number as may be possible, shall expire each year. All members of boards, commissions, and committees shall serve without compensation or benefits and shall be sworn into office within four weeks of their appointment. All board, commission or committee members must take the oath of office prior to entering upon the duties of their office.
Purpose: Clarify language.
Change Section 9-5 Board, Committees or Commissions from:
All boards, committees and commissions shall meet regularly at such times and places
as they shall determine, but not less than quarterly. Special meetings of any board, commission or committee shall be held on the call of the chair or by a majority of its members, by written notice delivered in hand or to the place of residence of each member and which contains notice of the matters to be acted upon. Except in the case of any emergency, all notices shall be delivered at least forty-eight hours in advance of the time set forth for such meeting. A copy of such notice shall, forthwith, be posted upon the town bulletin board.
Upon petition signed by at least one hundred voters requesting a special meeting of any board, commission or committee, said board, commissioner committee shall hold a special meeting within fifteen days of notice from the town clerk that a petition has been filed. Any such petition must state the purpose or purposes for which such meeting is requested.
If any member of an appointed board, commission or committee fails to attend one half of the meetings held by such board, committee or commission during a calendar year, the municipal council may declare the office held by such member to be vacant.
Each board, commission or committee shall determine its own rules of order of business unless another provision is made by ordinance, and shall provide for the keeping of a journal of its proceedings. Such rules and journal shall be available for public inspection and copies shall be maintained by the town clerk and the public library.
If requested by any member, any vote of any board, commission or committee shall be taken by a call of the roll and the vote shall be recorded in the journal provided, however, if the vote is unanimous, only that fact need be recorded.
A majority of the members of a board, commission or committee shall constitute a quorum, but a smaller number may meet and adjourn from time to time.
To: (b) Uniform Procedures Applicable to Boards, Commissions and Committees
All boards, commissions and committees shall meet regularly at such times and places as they shall determine, but not less than quarterly. Special meetings of any board, commission or committee shall be held on the call of the chair or by a majority of its members, by written notice delivered in hand or to the place of residence of each member and which contains notice of the matters to be acted upon. Except in the case of any emergency, all notices shall be delivered at least forty-eight hours in advance of the time set forth for such meeting. A copy of such notice shall, forthwith, be posted upon the city bulletin board.
Upon petition signed by at least one hundred voters requesting a special meeting of any board, commission or committee, said board, commission or committee shall hold a special meeting within fifteen days of notice from the city clerk that a petition has been filed. Any such petition must state the purpose or purposes for which such meeting is requested.
If any member of an appointed board, commission or committee fails to attend one half of the meetings held by such board, commission or committee during a calendar year, upon notice to the mayor from the City Council, board, commission or committee affected, the mayor shall within thirty (30) days of said notice determine, based on his or her own investigation, of which a public record shall be kept, to retain said member or fill the vacancy.
Each board, commission or committee shall determine its own rules of order of business unless another provision is made by ordinance, and shall provide for the keeping of a journal of its proceedings. Such rules and journal shall be available for public inspection and copies shall be maintained by the city clerk and the public library.
If requested by any member, any vote of any board, commission or committee shall be taken by a call of the roll and the vote shall be recorded in the journal provided, however, if the vote is unanimous, only that fact need be recorded.
A majority of the members of a board, commission or committee shall constitute a quorum, but a smaller number may meet and adjourn from time to time.
Purpose: Clarifies language making declaration of vacancy and reappointment of absent board, commission or committee members reside with the mayor, who serves as appointing authority.
NO CHANGE; Maintain Section 9-5 (c) Board, Committees or Commissions: as it appears in 1996 Charter
(c) Multiple Office Holding
No member of a board, committee or commission may serve on another city board, commission or committee, provided however, nothing shall prohibit any member of a board, committee or commission to serve on an ad hoc, temporary advisory committee, or committee established for the purpose of coordinating the exercise of power, duties and responsibilities of respective boards, commissions, and committees. No city employee may serve on a board, commission or committee unless required by virtue of the office held by said employee.
Purpose: Maintain limitation on volunteers and employees interested in serving the city through board, commissions and committees.
Change Section 9-7 Re-enactment and Publication of Ordinances from:
Within one year after the election of the municipal council, it shall cause a review, revision and recodification of town ordinances. After this initial review at five-year intervals thereafter, the municipal council shall cause to be prepared a proposed revision or recodification of all town ordinances which shall be submitted to the municipal council for reenactment. Such revision or recodification shall be prepared by a committee established by the municipal council. Such revisions or recodification shall be prepared under the supervision of the town attorney or if the municipal council so directs by special counsel retained for such purposes. Within eight months following its appointment, the committee shall cause to be published in a local newspaper (a) a report summarizing its recommendations and noting the times and places within the town where complete copies of the report shall be available for inspection by the public, and (b) the date, time and place not less than two weeks following such publication when a public hearing shall be held by the committee on the preliminary report. Copies of the revised ordinances shall be made available for public distribution. In each year between such reenactment and publication an annual supplement shall be published containing all ordinances and amendments to ordinances that had been adopted in the previous year.
To: Section 9-7 Re-enactment and Publication of Ordinances
No later than the first day in July, at five year intervals, in each year ending in a five or a zero, the city council shall cause to be prepared a proposed revision or re-codification of all city ordinances which shall be submitted to the city council for re-enactment. Such revision or re-codification shall be prepared by a committee established by the city council. Such revisions or re-codification shall be prepared under the supervision of the city solicitor or if the city council so directs by special counsel retained for such purposes. Within eight months following its appointment, the committee shall cause to be published in a local newspaper (a) the times and places within the city where complete copies of the report shall be available for inspection by the public, and (b) the date, time and place not less than fourteen days following such publication when a public hearing shall be held by the committee Copies of the revised ordinances shall be made available for public distribution. In each year between such re-enactment and publication an annual supplement shall be published containing all ordinances and amendments to ordinances that had been adopted in the previous year.
Purpose: Clarify language and simplify re-codification as needed.
Change Section 9-8 Code of Ethics from:
The mayor shall prepare and submit to the municipal council a code of ethics which shall be applicable to all elected and appointed officials and employees of the town.
To: Section 9-8 Code of Ethics
The mayor shall prepare and submit to the city council a code of ethics or revisions to the code of ethics which shall be applicable to all elected and appointed officials and employees of the city which shall become effective upon the approval by a majority vote of the city council.
Purpose: Clarify language and add a provision for council approval of Code of Ethics.
Change Section 9-9 Periodic Review of the Charter and the Need for Appointed Boards, Commissions and Committees from:
Five years from the adoption of this charter, and at ten year intervals thereafter, the mayor, subject to the approval of the municipal council, shall appoint a special committee to review this charter and make any recommendations deemed necessary. During the course of any such charter review, the special committee shall review the purpose and need for each appointed board, committee and commission of the town and shall report any findings and recommendations.
As follows:
A. Change Section 9-9 Periodic Review of the Charter and the Need for Appointed Boards, Commissions and Committees to the following:
Section 9-9 Periodic Review of the Charter
Beginning in 2018 and at ten year intervals in each year ending in an eight, thereafter, the mayor, subject to approval of the City Council, shall appoint a special committee to review this charter and to issue a report to the mayor and the city council containing any recommendations for changes to the charter deemed advisable by said special committee.
Purpose: Clarify language and specify the year in which future charter reviews should occur.
B. Add a New Section 9-10 Periodic Review of the Need for Appointed Boards, Commissions and Committees as follows:
Section 9-10 Periodic Review of the Need for Appointed Boards, Commissions and Committees
Beginning in 2013 and at ten year intervals in each year ending in a three thereafter, the mayor, subject to approval of the City Council, shall appoint a special committee to review the purpose and need for each appointed board, commission and committee of the city and to issue a report to the mayor and the city council containing any recommendations for changes deemed advisable by said special committee of the city and shall report any findings and recommendations.
Purpose: Clarify language and specify the year in which future reviews should occur.
Change PART X Transition Provisions from:
All ordinances, resolutions, rules, regulations, and votes of the town meeting which are in force at the time this act is adopted, not inconsistent with the provisions of this charter, shall continue in full force until amended or repealed.
Where provisions of this charter conflict with provisions of town ordinances, rules, regulations, orders, and special acts and acceptances of laws of the Commonwealth, the provisions of this charter shall govern. All provisions of town ordinances, rules, regulations, orders and administrative actions not superseded by this charter shall remain in force.
To: Section 10-1 Continuation of Existing Laws
All ordinances, resolutions, rules, regulations, and votes of the city council which are in force at the time this act is adopted, not inconsistent with the provisions of this charter, shall continue in full force until amended or repealed.
Where provisions of this charter, as amended, conflict with city ordinances, rules, regulations, orders, special acts and acceptances of laws of the Commonwealth, the provisions of this charter shall govern. All provisions of city ordinances, rules, regulations, orders and administrative actions not superseded by this charter shall remain in force.
Purpose: Clarify language.
No Change; Maintain PART X Transition Provisions Sections 10-2 to 10-6 as per original 1996 Charter
Section 10-2 Existing Officials and Employees
Any person holding a city office or employment under the city shall retain such office or employment and shall continue to perform the duties of the office until provision shall have been made in accordance with this charter for the performance of the said duties by another person or agency. No person in the permanent full-time service or employment of the city shall forfeit pay grade or time in service. Each such person shall be retained in a capacity as similar to the person’s former capacity as is practical.
Section 10-3 Continuation of Government
All city officers, boards, commissions or agencies shall continue to perform their duties until reappointed or until successors to their respective positions are fully appointed or elected or until their duties have been transferred and assumed by another city office, board, commission or agency.
Section 10-4 Continuation of Obligations
All official bonds, obligations, contracts and other instruments entered into or executed by or to the city before the adoption of this act, and all taxes, special assessments, fines, penalties, forfeitures incurred or imposed, due or owing to the city, shall be enforced and collected, and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by this act. No legal act done by or in favor of the city shall be rendered invalid by the adoption of this act.
Section 10-5 Transfer of Records and Property
All records, property and equipment whatsoever of any office, board, commission, committee or agency or part thereof, the powers and duties of which are assigned in whole or in part to another city office, board, commission, or agency shall be transferred forthwith to such office, board, commission or agency.
Section 10-6 Time of Taking Effect
This act shall become fully effective upon passage in accordance with the following schedule and except as otherwise provided in this section:
A special election to elect the first officers under this charter shall be held July 30, 1996. At such election the voters shall elect a mayor and the City Council. A preliminary election for the nomination of candidates for the office of the mayor and City Councilors shall be held on June 25, 1996. The polls at such special election shall be open from 7:00 AM to 7:00 PM.
Existing six precincts shall be used as council districts. The initial City Council elected under this charter shall serve a term extending to the organization of city government following the regular city election to be held in November, 1999. At such regular municipal election held in November 1999, the City Council shall be elected and shall take office in accordance with the provisions of this charter.
The first mayor elected under this charter shall serve a term extending to the organization of city government following the regular city election to be held in November 1999. At such regular city election to be held in November 1999, a mayor shall be elected and take office in accordance with the provisions of this charter.
As soon as possible following the election, the city clerk shall call together persons elected to the City Council and the person elected as mayor for the purpose of taking their oath of office. As soon as members of the City Council take the oath of office, the City Council shall choose a president and vice president of that City Council and to adopt any temporary rules governing the conduct of meetings of the City Council.
Following the organization meeting of the City Council, the City Council shall prepare to assume its full powers, duties and responsibilities which will devolve upon the City Council under this charter. The City Council president shall forthwith appoint a committee of the council to develop rules and regulations governing the conduct of council meetings and business. Said committee shall propose such rules and regulations to the City Council within 30 days after appointment.
The representative city meeting in office at the time of the election shall continue to conduct all the legislative business of the city until the full power of the mayor and City Council shall become operative. Thirty days after the mayor and members of the City Council take the oath of office, the term of office of all members of the representative city meeting shall terminate and the representative city meeting shall cease to exist and the power of the City Council shall become fully effective.
The office of moderator shall cease to exist when the representative city meeting ceases to exist.
The board of selectmen shall continue to be responsible for the general operation and business of city government and shall continue to perform all of the powers, duties and responsibilities of the office until thirty days after the mayor and members of the City Council take the oath of office; the terms of office of members of the board of selectmen shall terminate and the board of selectmen shall cease to exist and the powers of the mayor shall become fully effective at this time. The mayor shall assume all executive powers, duties and responsibilities held by the board of selectmen. The mayor shall have the right to attend and participate in all meetings of the school committee but may not vote until a new school committee is organized in January, 1998.
The office of city manager shall continue to serve until the power of the mayor become fully effective at which time the office of city manager shall cease to exist. The mayor shall assume all administrative responsibilities of the office of city manager. The incumbent in the office of city manager, if any, at the time the mayor assumes all powers under this charter shall continue to be employed by the city as the chief financial officer established in accordance with Section 6 of this charter, for a period of not less than six months.
The initial salary of the mayor shall be $50,000 per year. The initial salary of members of the City Council shall be $1,200 per year, provided that the president of the City Council shall receive $1,500 per year.
The mayor shall appoint forthwith, a liquor licensing commission established under Section 6-4 of this charter.
Until such time as another form of organization is provided for in accordance with Section 6-1 of this charter, there shall continue to be a trust commission. Incumbents serving as members of the hospital trust commission shall continue to serve for the balance of the terms of office for which they were elected. Upon the expiration of the terms of office of members of the hospital trust commission, or if a vacancy shall sooner occur, the officers shall be appointed by the mayor.
The mayor shall review the organization of city government and shall prepare an executive reorganization plan in accordance with Section 6-1 of this charter. The mayor shall submit the executive reorganization plan to the City Council within eighteen months after the initial election of a mayor, as provided for in this charter. The mayor shall give careful consideration to the organization of economic development functions in the city and the streamlining of the local permitting processes.
At the first regular municipal election held under this charter in November, 1997, the city shall elect: six members of the school committee, nine members of the board of library trustees; seven members of the planning board; and four members of the housing authority.
The school committee shall remain as currently constituted until a new school committee is elected and takes office in January, 1998 in accordance with the provisions of this charter. The incumbents in the office of school committee member elected to office in April 1996 shall continue to serve until the new school committee is organized, at which time their term of office shall terminate. The incumbent in the office of school committee whose term expires in April, 1997 shall have said term of office extended until the organization of the new school committee, at which time any such term of office shall terminate. The remaining incumbents in the office of school committee shall continue to serve until the organization of the new school committee, at which time their terms of office shall terminate. At such regular city election the three candidates receiving the highest number of votes shall be elected to serve a term of four years and the other three candidates elected shall be elected to serve a term of two years and thereafter upon the expiration of said terms of office candidates shall be elected for terms of four years in accordance with provisions of this charter.
At the regular city election to be held in November, 1997, the city shall elect nine members of the board of library trustees. The board of library trustees shall remain as currently constituted until a new board of library trustees is elected and takes office in January, 1998. The incumbent members of the office of board of library trustees elected to office in April, 1996 shall continue to serve until the new board of library trustees is organized, at which time their terms of office shall terminate. The incumbent members in the office of board of library trustees whose terms expire in April 1997, shall have the term of office extended until the organization of the new board of library trustees in January of 1998. The remaining incumbent members of the office of board of library trustees shall continue to serve until the organization of the new board of library trustees in January, 1998, at which time their terms of office shall terminate. At such regular city election the five candidates receiving the highest number of votes shall be elected to serve a term of four years and the other four candidates elected shall be elected to serve terms of two years and thereafter upon the expiration of said terms of office, candidates shall be elected for terms of four years in accordance with provisions of this charter.
At the regular city election to be held in November, 1997, the city shall elect a seven member planning board. The present planning board shall remain as currently constituted until a new planning board is elected and takes office in January, 1998. The incumbent in the office of planning board member elected to office in April, 1996 shall continue to serve until the new planning board is organized in January, 1998, at which time the member’s term of office shall terminate. The incumbent in the office of planning board whose term expires in April, 1997, shall have the term of office extended until the organization of the new planning board in January, 1998, at which time said term of office shall terminate. At such election the four candidates receiving the highest number of votes shall be elected to serve a term of four years and the other three candidates elected shall be elected to serve terms of two years and thereafter upon the expiration of said terms of office candidates shall be elected for terms of four years in accordance with provisions of this charter.
At the regular city election to be held in November, 1997, the city shall elect four members of the housing authority. At such municipal election the two candidates receiving the highest number of votes shall be elected to serve a term of four years and the other two candidates elected shall be elected to serve a term of two years and thereafter upon the expiration of said terms of office candidates shall be elected for terms of four years in accordance with provisions of this charter. The incumbent elected members of the housing authority shall have their terms of office extended to or terminated in January, 1998, and thereafter upon the expiration of said terms of office candidates shall be elected for terms of four years in accordance with provisions of this charter.
Purpose: the purpose of this section was to allow for the transition from city to city government, which was completed in 1996. The provisions are no longer applicable or necessary.
SECTION 3. This act shall take effect upon its passage.