Bill H.3747

HOUSE DOCKET, NO. 4230 FILED ON: 3/27/2023

HOUSE . . . . . . . . . . . . . . . No. 3747

By Representative Parisella of Beverly, a petition (accompanied by bill, House, No. 3747) of Jerald A. Parisella (with the approval of the mayor and city council) relative to the home rule charter of the city of Beverly. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to the home rule charter of the city of Beverly.

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.SECTION 1-7 of the charter of the city of Beverly which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is amended as follows:-

(1) Insert the following definitions:

(f) City website: a site established and maintained by the city as its online repository of municipal information on the internet.

(g) Department Head: The person having responsibility and oversight for the operation and management of a city department.

(h) District: the word “district” as appearing in Articles 4 and 7 of this charter shall mean the combining of wards 1, 2 and 3, and wards 4, 5 and 6 for the election of 2 school committee members, 1 to be elected from each such district.

(s) Regular Municipal Election: the words “regular municipal election” shall mean the biennial election of municipal officers.

(2)SECTION 1-7 is further amended by re-lettering the following subparts as follows: (f) becomes (i), (g) becomes (j), (h) becomes (k), (i) becomes (l), (j) becomes (m), (k) becomes (n), (l) becomes (o), (m) becomes (p), (n) becomes (q), (o) becomes (r), and (s) becomes (t).

3) Said charter is further amended in Section 1-7(c) by striking the “and” following the words “are posted”, and inserting the words “and the city website” at the end of the sentence.

SECTION 2.Said charter is further amended by striking out the words: “City election” “biennial election” “City biennial election,” “general City election,” or “regular election” in every instance and inserting in place thereof the words “regular municipal election wherever appearing.”

SECTION 3.Said charter is further amended in Articles 1, 2, 3, 4, 5, 6, 7, 8, and 9 as follows:- The words “Acting Mayor”, “Accountant,” “Administrative Code”, “Board of Registrars of Voters”, “Budget/Management Analyst”, “City”, “City Solicitor”, “Collector”, “Council”, “Councilor”, “Councilor-at-Large”, “City Clerk”, “Clerk”, “Conservation Commission” ”Director of Municipal Finance”, “Director of Municipal Inspections”, “Director of Planning and Development”, “District”, “Historic Districts Commission”, “Mayor”, “Planning Board”, “School Committee”, “Secretary”, “Treasurer”, and “Ward” are to appear in lower case in every instance. This change shall not apply to charter articles or section headings.

SECTION 4.Said charter is further amended in Articles 1, 2, 3, 4, 5, 6, 7, 8, and 9 as follows:- The word “section” is to be capitalized in its entirety as “SECTION”, in every instance.

SECTION 5. Said charter is further amended in Articles 1, 2, 3, 4, 5, 6, 7, 8, and 9 as follows:- The words “one”, “two”, “three”, “four”, “five”, “six”, “seven”, “eight”, and “nine” shall be changed to the digits “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, and “9” in all cases, except when the number is expressed as a word at the beginning of a sentence.

SECTION 6.The second and third sentences of SECTION 2-1(c) are hereby amended by striking out the words between “in the City” in the second sentence and “may continue” in the third sentence and combining the sentences into one sentence, and further amended by inserting the words “the councilor” before the words “may continue” and striking the word “for” before the words “which elected” and replacing it with the word “to”.

SECTION 7.Said charter is further amended in Section 2-2(a) by striking out the word “for” after the word “president” and inserting in place thereof the word “during”.

SECTION 8.Said charter is further amended in Section 2-2(c) by striking out the words “absence or disability” in the second and third sentences and inserting in place thereof the following: “inability to serve”.

SECTION 9.Said charter is further amended in the second sentence of Section 2-4(a) by adding the words “or decreasing” following the word “increasing.”

SECTION 10. Said charter is further amended in the first sentence of Section 2-6(b) by striking out the words “, but a smaller number may meet and adjourn from time to time.”

SECTION 11.Said charter is further amended in the first sentence of Section 2-6(c)(ii) by inserting the words “or by electronic mail to” following the words “residence of ”.

SECTION 12.Said charter is further amended in Section 2-8(a) as follows:-

(a) Inserting the following sentences after the first sentence: “In the case of a vacancy in the position, the city council shall fill such vacancy promptly. The council may advertise for the position and shall post the vacancy in accordance with SECTION 8-12 or retain consultant services for an individual to serve as budget/management analyst. The council may pursue either or both options for selection prior to determining whether the budget/management analyst shall serve as an employee or as a consultant.”

(b) Inserting the sentence “If the budget/management analyst is an employee, the salary for the position shall never be less than 1/2 the amount provided for the office of finance director.” as the last sentence of sub-section 2-8(a).

SECTION 13.Said charter is further amended in the first sentence of Section 2-8(b) by striking out the word “two” and inserting in place thereof the number “3”.

SECTION 14. Said charter is further amended in the first sentence of Section 2-8(c) by striking out word “two” and inserting in place thereof the number “3”.

SECTION 15.Said charter is further amended in Section 2-8(d) by inserting the words “and employees” after “officers”; by striking the word “office” and inserting in its place the words “offices and employees”.

SECTION 16. Said charter is further amended in Section 2-8(e) by striking out the words “substantially the same as those.”

SECTION 17.Said charter is further amended in the third sentence of Section 2-9(b) as follows:- by inserting the words “, but no later than the next scheduled council meeting following the passage of the 5 days above.” after the word “days,”.

SECTION 18.Said charter is further amended by striking section 2-9(c) in its entirety, except for the heading, and replacing it as follows:-

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

After final passage, the full text of any ordinance shall be posted on the City bulletin board and city website and steps shall be taken by the city clerk to forthwith incorporate such ordinance into the official publication of the complete city ordinances.”

SECTION 19.Said charter is further amended in SECTION 2-9(d) in the first and second sentences as follows:- The first sentence is amended by striking the number “24”” and inserting in place thereof the number “72”, and by inserting the word “Saturdays” after the word “hours”. The second sentence is amended by striking the word “twenty-four” and inserting in place thereof the number “72”.

SECTION 20.Said charter is further amended in SECTION 2-11(a) as follows:- by striking the words “then unexpired” in the second sentence and inserting in place thereof the word “concluding”; and by striking the last two sentences.

SECTION 21.Said charter is further amended in SECTION 2-11(b) by striking the four sentences now appearing and inserting in place thereof the following: “If a vacancy shall occur in the office of ward councilor in the first 18 months of the term to which councilors are elected, it shall be filled in the same manner as provided in SECTION 2-11(a) for the office of councilor-at-Large except that the list shall be of the candidates for the office of ward councilor in the ward in which the vacancy occurs.“

SECTION 22.The charter is further amended in SECTION 2-11(c) in the first sentence, 2 sentences are inserted following the first sentence, and a new subsection (d) is added as follows:-

(1)The first sentence is amended by inserting the number “(1)” after the words “councilor and” and inserting the words “and (2) more than 6 months remains on” following “(b),”; by inserting the words “existing term, the,” following the word “the”; and by inserting the words “vote of” following the word ”by”.

(2) The subsection is amended by inserting the following two sentences following the first sentence:- “The council shall post notice of the vacancy for 14 days, and the council shall include among such candidates for the vacancy any candidates for the now vacant seat in the prior municipal election who were not elected and did not meet the criteria of SECTION 2-11 (a) or (b). The council president shall provide the opportunity for each candidate seeking to fill a vacancy to address the council prior to its vote to fill any vacancy.”

(3) The now appearing second sentence becomes the fourth sentence and is amended as follows:- by striking the word “chosen” and inserting in place thereof the word “elected”; and by striking the word “unexpired” following the words “remainder of the” and inserting in place thereof the words “balance of the concluding”.

(4) The provision is amended by inserting a new sub-section (d) as follows:- “If the vacancy shall occur during the last 6 months of the term of office, such vacancy for a ward councilor shall be filled by the person at the next regular municipal election who receives the highest number of votes for the office of ward councilor from that ward. Such vacancy for a councilor-at-large council seat shall be filled by the person at the next regular municipal election who is not presently serving and receives the highest number of votes for councilor-at-large from among the candidates for the office who are not presently serving. Such ward councilor or councilor at large person shall forthwith be certified by the city clerk to serve for the balance of the concluding term in addition to the term to which elected.”

SECTION 23.The charter is revised in SECTION 3-1(b) by striking out the word the word “two” and inserting in place thereof the number “4”.

SECTION 24.The charter is further amended in the second and third sentences of Section 3-1(c) as follows:-

1)the second sentence is amended by inserting the words “or decreasing” following the word “increasing”.

2)the third sentence is amended by striking the word “twelve” and replacing it with the number “36”; by striking the word “Councillors” and inserting in place thereof the words “the mayor is” following the word “which”, and adding the words “that includes the election of a mayor” following the word “election.”

SECTION 25.The charter is further amended in SECTION 3-3 as follows:

1)Amending the sixth sentence by replacing the number “8-15” with the number “8-14.”;

2)By striking the seventh, eighth, and ninth sentences in the subsection.

SECTION 26.The charter is further amended in Section 3-5 -Temporary Appointments to City offices - in the fifth sentence by inserting the words “In the case of a temporary vacancy,” prior to the word “no”; by striking the number “30” and inserting in place thereof the number “60”; and by inserting the phrase “30- day” following the number “1”. The provision is further amended in the fifth sentence following the words “permanent vacancy exists,” by inserting the words “the initial appointment shall be for not more than 60 days, and not more than (3) 30 day renewals of such appointment may be made following the initial appointment.”

SECTION 27. The charter is further amended in the first sentence of Section 3-6(b) by striking out the words “place of business or”, following the words “to the”; and by inserting the words “or by electronic mail to” following the words “residence of.”

SECTION 28.The charter is further amended in the first and second sentences of Section 3-8(a) as follows:

1)The first sentence of the subsection is amended by striking out the words “, by reason of sickness, absence from the city or other cause,” following the word “Whenever”; and by deleting the words “successive working” following the word “five ”.

2)The second sentence as now appearing is stricken, and replaced as follows:- “If the city council president is unwilling or unable to serve, the councilor-at-large with the second highest number of votes in the most recent regular municipal election shall serve as acting mayor, and if said councilor is unwilling or unable to serve, the councilor-at-large with the third highest number of votes at the most recent regular municipal election shall serve as acting mayor. If none of the councilors-at-large are willing or able to serve as mayor, the council shall elect from among its membership a councilor to serve as acting mayor.”

SECTION 29.The charter is further amended in the second sentence of Section 3-8(b) by striking the words ”disability of the mayor” following the words “unless the” and inserting in place thereof the words “mayor’s inability to serve.”

SECTION 30.The charter is further amended in SECTION 3-9 as follows:-

(1)SECTION 3-9(a) is amended by striking out the number “15” and inserting in place thereof the number “39”; and striking the words “whether by reason of death, resignation, removal from office, incapacity or otherwise,”; by inserting the words “except for a vacancy as the result of a recall” after the words “term for which the Mayor is elected”, and striking the words “then expired” and inserting in place thereof “concluding” following the words “balance of the”.

(2)SECTION 3-9(b) is amended as follows:-

(a)by striking in the first sentence the words “in the last nine months of the term for which the Mayor is elected whether by reason of death, resignation, removal from office or otherwise”; and inserting in place thereof the words “after the thirty-ninth month” following the word “occurs”;

(b) By inserting a new sentence after the first sentence as follows:- “If the city council president is unwilling or unable to serve, the vacancy shall be filled in the manner set forth in SECTION 3-8(a).”

(c) The second sentence of SECTION 3-9(b) as now appearing becomes the third sentence and is amended by inserting after the words “city council”, the words “other councilor-at-large, or ward councilor”; and by striking the number “2-10” and inserting in place thereof “ 2-11”.

(d) Inserting a new subsection 3-9(c) as follows:- “(c) Vacancy as a result of recall election - If a mayoral vacancy exists as a result of a recall election, the vacancy shall be filled by a special election as provided in SECTION 7-14 (g) if such election can be held within the requirements of SECTION 7-14 (f) of this charter.”

(e) subsection (c) is re-lettered as subsection (d) and is further amended by:

(i)striking in the second sentence the words “unexpired”; by inserting the word “ concluding” before the word “term”;

(ii) striking in the third sentence the words “to fill the office” after the word “elected” and inserting in place thereof the words “as mayor shall forthwith be certified by the city clerk and shall serve”; striking the word “ensuing” and inserting in its place “balance of the concluding”; striking the words “of office shall serve” after the word “term”; inserting “to the term to which such person was elected after the words “in addition”; and by striking the words “the balance of the then unexpired term” at the end of the sentence.

SECTION 31.The charter is further amended in SECTION 4-1(a) by amending the first sentence, adding a new second sentence, and amending the third sentence as follows:-

1)The first sentence is amended by striking the word “seven” and inserting in place thereof the number “9”.

2)A new sentence is inserted following the second sentence: “Two members shall be elected from districts composed as follows: District A shall be composed of wards 1, 2, and 3 and District B shall be composed of wards 4, 5, and 6.”

3)The fourth sentence is amended by striking the word “seventh” following the words “as the” and inserting in place thereof the word “ninth.”

SECTION 32.The charter is further amended in Section 4-1(b) as follows:-

1)The first and second sentences of Section 4-1(b) are hereby amended by striking the words between “in the City” in the first sentence and “member” in the second sentence and combining the sentences into one sentence, and further amended by inserting the word “the” before the words “member may” and striking the word “for” before the words “which elected” and replacing it with the word “to”;

2)by inserting after the first sentence the following sentence: “ If a district school committee member shall during the first 18 months of the term of office remove to a ward of the city not in the district from which the member is elected, such district member may continue to serve for the balance of the term to which elected.”

3)The final sentence of this subsection is amended by inserting the words “or district” following the word “ward”.

SECTION 33.The charter is further amended in Section 4-1 as follows:-

(1) Section 4-1(c)(2) is amended by striking the words “may be deemed necessary or desirable” and inserting in place thereof the words “the general laws so provide.”

(2) Section 4-1(c) is amended by adding(4) before the unnumbered paragraph beginning with the words “The school committee shall” and ending with “building is delegated”, following paragraph (3).

SECTION 34.The charter is further amended in Section 4-1(f) by amending the first, second, third, and fifth sentences as follows:-

(a)The first sentence is amended as follows: -

(1)by inserting the words “or district school committee member” following the word “member”;

(2)by striking the number “20” and inserting in place thereof the number “18”, and by inserting the words "or district” following the word “ward”,

(3) by striking the word “that” and inserting in place thereof the word “such” following the word “from”,

(4)by inserting the words “or district” following the words “office of ward”,

(5)by striking the word “that” and inserting in place thereof “such” following the words “member in” and inserting the word “or district” after the word “ward”;

(b) The second sentence is amended as follows: -

(1) by striking the word “the” after the words “voters of” and inserting in place thereof the word “such”;

(2) by adding the words “or district” following the word “ward”.

(1) striking the word “four” following the word “last” and inserting in place thereof the number “6”;

(2) by striking the word “that” following the word “from” and inserting in place thereof the word “such”,

(3) by inserting the words “or district” following the word “ward”.

(d) The fourth sentence of the subsection is amended by striking the words “last two months” and inserting the word “balance” in place thereof;

(e)The fifth sentence of the subsection is amended by inserting the words “or district” following the word “ward”; by striking the word “unexpired” and inserting in place thereof the word “concluding” and by inserting the words “as well as the term to which elected” following the word “term.”

SECTION 35.The charter is further amended in SECTION 4-2(a) in the first sentence by inserting the words “or district” following the word “ward.”

SECTION 36.The charter is further amended in SECTION 4-3 by striking the second sentence beginning “The city council” and ending with “such appropriations.”

SECTION 37.The charter is further amended by reformatting Article 5 such that subsections (1) and (2) wherever appearing, are stricken and inserted in place thereof by subsections (a) and (b), wherever appearing, and that clauses (a), (b), (c), etc. are stricken and replaced by insertion of clauses (1), (2), (3), etc.

SECTION 38.The charter is further amended in Section 5-1 as follows:

1)The first sentence and subsection (a) are deleted.

2)The first sentence in the “Administrative Code” subsection (formerly (b)) is amended by moving the following words as appearing in the final sentence of this provision following the words “business of the city”: “provided however that no function assigned by this charter to a particular city agency may be discontinued, or assigned to any other city agency unless this charter so specifically provides.”

3)The remainder of the final sentence of this provision is moved to become the second sentence of this subsection and is modified as follows:- by striking the words “to the same extent as is provided in SECTION 5-1(a), above, for ordinances;” between the word “necessary,” and the words “and for such”

4) The third sentence beginning “Whenever the mayor shall propose such a plan” is amended following the word “plan,” by inserting the words: “any proposed changes to the administrative code shall be accompanied by a message from the mayor which explains the expected benefits and advises the city council if changes proposed shall require amendments, insertions, or revisions, repeal or otherwise of existing ordinances” The sentence is further amended by replacing the clause beginning “the City Council” with a new sentence beginning “The city council” and inserting the words “and on the city website,” following the word “newspaper”.

SECTION 39.The charter is further amended in SECTION 5-4 by amending the second sentence of (a) and the second and fourth sentences of (b) as follows:-

1) the second sentence of SECTION 5-4(a) is amended by striking the words “which, prior to the adoption of the Home Rule Charter, were performed by or under the authority of the city auditor, the city treasurer, the city collector, the Chief Procurement Officer and the Board of Assessors;” and inserting in place thereof the words “shall include treasury, collection, accounting, and assessing;”

2) the second sentence in (b) is amended by striking the words “performing the duties of City Collector and City Treasurer.” and replacing them with the words “with management and oversight responsibility for treasury and/or collection functions.”;

3) the fourth sentence of (b) is amended by striking the words “state statutes” and inserting in place thereof “the general laws”, by inserting the word “the” following the word “ordinances,”, and by inserting the words “any accompanying” following the words “code and”.

4) the fifth sentence of (b) is amended by inserting after the word “The”:- “mayor may specify that the”, by striking the words “as the mayor may from time to time specify” following the words “ex officio”, by striking the word “or” before “Treasurer-Collector” and by inserting the words “or city accountant” following the word “treasurer-collector.”

SECTION 40.The charter is further amended in the third sentence of SECTION 5-5(b) by striking the words “state statutes” and inserting in place thereof the words “the general laws”.

SECTION 41.The charter is further amended in SECTION 5-7 in (a) and (b) as follows:-

1)SECTION 5-7(a)(2) is amended by inserting the words “and ensure compliance with federal, state and local laws, rules and regulations regarding personnel and employment.” following the word “personnel”.

2)SECTION 5-7(a)(4) is amended by inserting the words “but not limited to” following the word “including”; and by inserting the word “discipline,” following the word “recruitment,”.

3)the third sentence of SECTION 5-7(b) is amended by striking the words “state statutes” following the word “with” and inserting in place thereof the words “the general laws”.

SECTION 42.The charter is further amended in SECTION 5-8 in the first sentence of (a) and the second sentence of (b) as follows:-

1)the first sentence of (a) is amended by striking the word “Historical” following the words “conservation commission” and inserting in place thereof the words “historic districts”.

2)the second sentence in (b) is amended by striking the words “state statutes” following the word “with” and inserting in place thereof the words “the general laws”.

SECTION 43.The charter is further amended in Article 6 as follows:-

The charter is amended in SECTION 6-2(a) in the first and final sentences as follows:-

1)The first sentence is amended by inserting the words “and posted on the Beverly Public Schools website and the city website,” following the word “newspaper”.

2)The final sentence is amended by inserting the words “Following the public hearing,” prior to the words “the school committee”; striking the word “not” following the word “shall”; and striking the words “until all persons who desire to be heard concerning the budget proposal have had an opportunity to be heard.”

SECTION 44.The charter is further amended in SECTION 6-2(b) by striking the word “article” following the word “this” and inserting in place thereof “Article”.

SECTION 45.The charter is further amended in the second sentence of SECTION 6-3 by inserting the words: “, and shall post such notice and summary on the city website, as well as the complete proposed budget.” following the words “proposed budget”.

SECTION 46.The charter is further amended in SECTION 6-4 by striking the words “or as may be required by the provisions of a city ordinance.” following the word “desirable.”

SECTION 47.The charter is further amended in SECTION 6-5 in the second sentence by striking the words “or as a city ordinance may require.” following the word “desirable; and by amending (a), and (d) as follows:

1)In (a) by striking the words “and position” following the word “agency” and inserting the word “staffing” following the word “programs,”.

2) In (d) by striking the words “free cash” and inserting in place thereof the words “budgetary fund balances”.

SECTION 48.The charter is further amended in SECTIONS 6-6 (a) and (c) as follows:-

1) The heading of section (a) is amended by striking the word “hearing” and inserting the word “Hearing” in its place. The first sentence in (a) is amended by inserting the words “post on the city website and” following the word “shall”.

2) The first sentence of (c) is amended by striking the words “60 days following day the proposed budget is received by it, or such other period as may be” following the word “within“ and inserting in place thereof the words “ the time frame as is”.

3) The third sentence of (c) is amended by striking the words “60 days following the date of its receipt of the proposed budget, or such other period as may be” and inserting in place thereof the words “the period as”.

4) A new sentence is inserted in (c) after the third sentence as follows: - “The final budget shall be posted on the city’s website.”

SECTION 49.The charter is further amended in SECTION 6-7(b) by amending the first, third, and fourth sentences as follows:-

1)The first sentence is amended by striking the word “to” and inserting in place thereof the word “for” following the word “appropriated”.

2)The third sentence is amended by inserting the words “and on the city website” following the word “board”.

3)The fourth sentence is amended by inserting the words “and city website” following the word “board”.

SECTION 50.The charter is further amended in the first sentence of SECTION 6-7(c) as follows by inserting the words “posting on the city’s website and” following the words “notice by”.

SECTION 51.SECTION 6-9 -Independent Audit- as now appearing is amended by striking the section in its entirety, except for the heading, and replacing it as follows:- The city council shall select a certified public accountant or firm of certified public accountants to annually conduct an outside audit of the books and accounts of the city. Such accountant or firm shall have no personal interest, direct or indirect, in the fiscal affairs of the city or any of its officers.

The council will be assisted in this effort by an Audit Committee to be composed of the council’s Property and Finance Committee chair, who will serve as chair of the Audit Committee, the city’s finance director, the city accountant, a resident chosen by the city council president with experience in public finance, or public accounting and auditing, and the budget/management analyst for the council. The audit committee will assist the council in preparing the Request for Qualifications (RFQ), perform due diligence in the dissemination of the RFQ, evaluate responses, conduct any necessary firm interviews and make a recommendation to the council. The audit committee shall meet following the conclusion of each annual audit to evaluate the performance and effectiveness of the audit firm. The city council shall assure the conduct of the outside audit and shall annually request a sum of money sufficient to satisfy the estimated cost of conducting the audit as presented to the mayor, in writing, at the time of the city clerk’s submission of its proposed budget for the upcoming fiscal year to the mayor. The city council shall submit the award of the audit and proposed contract to the mayor to be signed. The award of a contract to audit shall be made by the city council on or before September 15 of each year. The report of the audit shall be filed in final form with the city council not later than March 31 in the year following its award. At least every 5 years, the city council shall conduct the procurement process as described in this SECTION to retain these auditing services.

SECTION 52.The charter is further amended in Article 7 by amended the title of the Article as follows:- insert the word “and” between the words “Elections” and “Election”.

SECTION 53.Section 7-3(a) is amended as follows:-) 1) by inserting the words “district school committee member, not less than 75 signatures, all of which must be from the wards included in the district from which the nomination is sought, provided however, that not more than 25 signatures from any one ward shall be counted in the minimum number of required signatures;” following the words “for the office of”; and

2) by inserting the words “and ward school committee member” following the word “councilor”.

SECTION 54.The charter is further amended in SECTION 7-3(c) by amending the first sentence, striking the second sentence and amending the third sentence as follows:-

1) The first sentence is amended by striking the words “The two persons” at the beginning of the sentence and inserting in place thereof the words “No more than twice the number of candidates to be elected to the same office”.

2) The second sentence of this subsection is stricken.

3)The third sentence of this subsection is amended by striking the word “his” and inserting in place thereof the word “their”.

SECTION 55.The charter is further amended in the last sentence of SECTION 7-3(d) as follows:-

1) By inserting the words “for one or more offices” following the words “no names”;

2)By striking the word “in” following the word “used” and inserting in place thereof the words “at a preliminary election for”;

3)By striking the words “ward or wards” following the word “particular” and inserting in place thereof the words “office or offices”;

4)By striking the word “in” following the word “held” and inserting in place thereof the word “for”;

5)By striking the words “ward or wards” following the word “such” and inserting in place thereof the words ”office or offices”.

SECTION 56.The charter is further amended in SECTION 7-7 as follows:

1)The first sentence is amended by striking the word “which” following the word “petition” and inserting in place thereof “that” and by striking the word “which” following the word “and”.

2)The second sentence is amended by striking the words “three months” following the word “than” and inserting in place thereof the words “90 days”.

3)The fourth sentence is amended by striking the words “48 hours” following the words “at least” and inserting in place thereof the words “5 days”.

4)The fifth sentence is amended by inserting after the word “expense” the following words: “, and shall include both newspaper publication and posting on the city website.”

SECTION 57.The charter is further amended in SECTION 7-8 (a),(c), (d), (e), (f), (g) and (h); replacing the current subsection (b) in its entirety, except for the heading; renumbering all subsections following (c) (i.e., [c] becomes [d], [d] becomes [e], etc.); as follows:-

1)SECTION 7-8(a) is amended in the first sentence by striking the word “an” and inserting in place thereof the words “a proposed”; by striking the words “Clerk of the Council” following the word “the” and inserting in place thereof “city clerk”; by striking the words “as the case may be”, by striking the words “10% of the total number of voters as of the date of the most recent regular city election” following the words “at least” and inserting in place thereof the words “250 voters.” Two new sentences are inserted after the second sentence as follows:- “At least 25 signatures must be certified from each ward. The petition shall be accompanied by an affidavit signed by 10 voters and containing their residential address stating those voters will constitute the petitioners committee and be responsible for circulating the petition and filing it in proper form.” SECTION 7-8(a) is further amended by striking the final three sentences.

2)The charter is further amended by striking SECTION 7-8(b) as now appearing in its entirety, except for the subheading, and replaced as follows:- “The city clerk or the secretary of the school committee shall, immediately following receipt of a proposed petition, deliver a copy of the petition to the board of registrars of voters. If the board of registrar of voters determines that a petition has be signed by at least 250 voters, the petition shall be transmitted forthwith to the city solicitor. The city solicitor shall, within 30 days following receipt of a copy of the petition, in writing, advise the city council or the school committee and the city clerk whether the measure as proposed may lawfully be proposed by the initiative process and whether, in its present form, it may lawfully be adopted by the city council or the school committee. If the opinion of the city solicitor is that the measure is not in proper form, the reply shall state the reasons for this opinion, in full. A copy of the opinion of the city solicitor shall be mailed to the members of the petitioners committee.”

3)The charter is further amended by inserting a new (c) as follows:-

“(c) Submission to City Clerk - If the city solicitor determines that the petition is in a proper form, the city clerk shall provide blank forms for the use of subsequent signers and shall print at the top of each blank form a fair, concise summary of the proposed measure, as determined by the city solicitor, together with the names and addresses of the first 10 voters who signed the originating petition. The city clerk shall notify the petitioners committee that the blank forms are issued. Within 60 days following the date of the notice, the petition shall be returned and filed with the city clerk signed by at least 10 per cent of the total number of voters as of the date of the most recent regular municipal election. Signatures to an initiative petition need not all be on one paper, but all papers pertaining to any single measure shall be fastened together and shall be filed as a single instrument, with the endorsement on it of the name and address of the person designated as filing the papers. With each signature on the petition there shall also appear the street and number of the residence of each signer. Within 10 days following the filing of the petition, the registrars of voters shall ascertain the number of voters that signed the petition and the percentage that number is of the total number of voters as of the date of the most recent regular municipal election. The registrars of voters shall attach to the petition a certificate showing the results of its examination and shall return the petition to the city clerk or the secretary of the school committee, depending on how the petition is addressed. A copy of the registrars of voters' certificate shall also be mailed to the members of the petitioners committee.”

4) SECTION 7-8(c) as now appearing is renumbered as SECTION 7-8(d) and is amended in the heading, first sentence, third sentence, and fourth sentence, as follows:-

(a) the heading is amended by striking the word “petitions” and inserting in place thereof “Petitions”, by striking in the first sentence the words “Clerk of the Council” following the words “to the” and inserting in place thereof “city clerk”; by inserting the words “school committee, the city council or the” following the words “of the”; by striking the words “by the City Solicitor and” following the word “committee”; by striking the words “the city council or school committee” following the words “2-9(c),”.

(b) the third sentence is amended by striking the words “with respect to any initiative petition which is presented to it” following the word “act”; by striking the word “it” after the word “date” and inserting in place thereof the words “the measure”; by striking the words “by the city solicitor” following the word “it”.

(c) The fourth sentence is amended by striking “Clerk of the Council” following the word “the” and inserting in place thereof the words “city clerk”; by striking the words “person designated on the petition as having filed the same” following the words “to the” and inserting in place thereof the words “petitioners committee”.

5)SECTION 7-8(d) as now appearing is re-lettered as (e) and is amended in the heading and first and second sentences; inserting a new third sentence; the now appearing third sentence becomes the fourth sentence and is amended; as follows:-

(a) In the heading by striking the word “petitions” following the word “Supplementary” and inserting in place thereof the word “Petitions”; in the first sentence, amending the first sentence by striking the words “Clerk of the Council” following the words “with the” and inserting in place thereof the words “city clerk””; by inserting the words “, but only by persons constituting the original petitioners committee” following “school committee”.

(b) The second sentence is amended by striking the words “which is” following the word “voters”; by inserting the words “at least” following the words “equal to”; by striking “%” and inserting in place thereof “percent”; by inserting the words “, and shall be examined by the registrars of voters who shall issue a certificate as provided in subsection (c) within 10 days of the submission of the supplemental petitions.” following the word “election.”

(c) SECTION 7-8(e) is amended by inserting a new sentence following the second sentence as follows:- “The signatures on the initial petition filed under subsection (c) and the signatures on the supplemental petition under this subsection, taken together, shall contain the signatures of at least 15 percent of the total number of voters as of the date of the most recent regular municipal election.”

(d) The fourth sentence of SECTION 7-8(e) is amended by striking the word “such” and inserting in place thereof the word “this” following the words “signatures to”; by inserting the words “registrars of voters and a certificate issued as described above is submitted to the” following the words “by the”; by striking the words “fixed by it” following the words “a date”; by striking the words “City Clerk” and inserting in place thereof “registrars of voters” following the words “of the”; by striking the words “any other” following the word “if”; by inserting the word “a” before the words “regular municipal”; by striking the word “said” following the word “the”; by striking the word “the” following the word “omit;”; by striking the words “of such” following the word ”calling” and inserting in place thereof “the”; by striking the word “said” following the word “cause” and inserting in place thereof the word “the”; and by striking the word “such” following the word “at” and inserting in place thereof the word “the”.

6)The current (e) is re-lettered as (f) – Publication – and is amended in the first and second sentences as follows:-

(a) the first sentence is amended by striking the word “any” and inserting in place thereof “an”; by striking “a” and inserting in place thereof “at least 1”.

(b) the second sentence in the subsection is amended by inserting the words “and shall be posted on the city website” following the word “clerk”.

7) The current (f) is renumbered as (g) - Form of question - and is amended in the heading by striking the word “question” and inserting in place thereof the word “Question” following the word “of”; the first sentence is amended by striking the words “voters in” following the word “by”; the last sentence is amended by striking the words “full text” following the words “insert the” and inserting in place thereof “fair, concise summary” following the words “insert the”; by striking the words “or a fair concise summary prepared” following the word “measure”; by inserting the words “as determined ” following the word “measure”; by striking the words “petitioners, and approved by the” following the words “determined by the”; by inserting the words “as referenced in subsection (c).” following the words “city solicitor”

8) SECTION 7-8(g) as now appearing is re-lettered as (h) and is amended at the beginning of the sentence by inserting the words “Subject to the requirements of SECTION 7-13, and changing “If” to “if” following the words SECTION 7-13”; by striking the word “forthwith” following the word “effective” and inserting in place thereof the word “immediately”; by striking the word “such” following the word “in” and inserting in place thereof the word “the” and by striking the remainder of the sentence following the word “measure”.

SECTION 58.The charter is further amended in SECTION 7-9 in the first sentence and second sentences of (a); the first sentence of (b); and inserting a new sentence following the first sentence of (b) as follows:-

(a) The first sentence of SECTION 7-9(a) is amended by striking the number “20” following the word “within” and inserting in place thereof the number “21”; by striking the word “of” following the word “approve,” by striking the number “12%” following the words “equal to” and inserting in place thereof “at least 15 per cent”; by striking the words “as may be” following “committee”; by striking the word “thereof” following the word “part” and inserting in place thereof the words “of it”; by striking the words “Clerk of the Council” following the word “or” and inserting in place thereof “city clerk”; by striking the word “such” following the words “date of” and inserting in place thereof the word “that”.

2) The second sentence of the SECTION 7-9(a) is amended by striking the word “forthwith” following “shall” and inserting in place thereof the word “immediately”; by striking the word “such” following the words “vote on” and inserting in place thereof the word “the” ; by striking the word “thereof” following the word “part” and inserting in place thereof the words “of it”; by striking the word “such” following the word “if” and inserting in place thereof the word “the”; by striking the word “or” following the word “convenience”; by striking the word “, but” following the word “election” and inserting in place thereof the words “; provided, however, that”; by striking the word “such” following the word “pending” and inserting in place thereof “this” and by striking the word “such” following the words “effect of” and inserting in place thereof the word “the”.

3) The first sentence of SECTION 7-9(b) is amended in by striking the word “insofar” following the words “petition and”; by striking the word “and” following “(c)” and inserting the words “and (g) insofar as the section relates to the filing and certification of signatures, and the ballot question” following “(f)”; by striking the word “thereof” following the word “part” and inserting in place thereof “of it”;. The subsection is further amended by the addition of a new sentence after the first sentence: “Subject to the requirements of SECTION 7-13, the measure or part thereof protested against shall be null and void unless a majority of those voting on the question shall vote in favor of the measure or part of it protested against at the election.”

SECTION 59.Article 7 of the charter is further amended by the insertion of a new section 7-13 as follows:- “SECTION 7-13. Required Voter Participation. For any measure to be effective under the initiative procedure and for any measure to be declared null and void under the referendum procedure, at least 20% of the voters as of the most recent regular municipal election must vote at an election that includes on the ballot submission to the voters of 1 or more initiative or referendum questions.”

SECTION 60.The charter is further amended by renumbering SECTION 7-13 as SECTION 7-14; by inserting a new 7-14(b)(3) following 7-14(b)(2) and renumbering of the subsequent clauses ((e.g., the now appearing clause (b)(3) becomes (b)(4) etc.); amending 7-14 (b)(4); and amending 7-14(c), (e) and (g) as follows:-

(a)a new SECTION 7-14(b)(3) is inserted following 7-14(b)(2) as follows: “Office elected by district: Two hundred or more voters may file with the board of registrars of voters an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for the recall. The signatures on such affidavit shall contain the names only of voters in the district from which the officer was elected.”

(b) SECTION 7-14(b)(4) is amended as follows:- In the first sentence by inserting the words “or district” following the word “ward”. The section is further amended in the third sentence by striking the number “21” and inserting in place thereof the number “28” and by inserting the words “or district” following the word “ward,”.

(d) SECTION 7-14(e) is amended by striking the number“7-13(f)” and inserting in place thereof the number “7-14(f)”.

(e) SECTION 7-14(f) is amended in the second sentence by striking the word “six” and inserting in place thereof the number “9”.

(f) SECTION 7-14(g) is amended in the first sentence by striking the number “60” and inserting in place thereof the number “65”.

SECTION 61.The heading of Section 8-1 is hereby amended following the word “Changes” by inserting the words:- “and Charter Review.”

SECTION 62.The charter is further amended in Article 8 by amending SECTIONS 8-1(a) in the first sentence; 8-1(b) in the second sentence; 8-5 in the second sentence; 8-6(a) in the second sentence and 8-6(d) as follows:-

(a) The first sentence of SECTION 8-1(a) is amended by- striking the word “statutes” and inserting in place thereof the words “general laws” following the word “by.”

(b) The second sentence of SECTION 8-1(b) is amended by striking the word “which” and inserting in place thereof the word “that” following the word “charter.”

(c) The second sentence of SECTION 8-5 is amended by striking the word “Counsel” and inserting in place thereof the word “solicitor” following the word “city.”

(d) The second sentence of SECTION 8-6(a) is amended by striking the word “Chairman” and replacing it with the word “chairperson”; by inserting the words “or by electronic mail to” following the words “residence of”; by striking the word “and” following the words “each member”; by striking the word “and” following the word “member” ; by striking the words “a list of” following the word “contains” and inserting the words “or list of” following the word “or”; and by inserting in the last sentence the words “and city website” following the word “board.”

(e) SECTION 8-6(d) is amended by striking the words “, but a smaller number may meet and adjourn from time to time” following the words “a quorum”.

SECTION 63. The charter is further amended in Section 8-7 as follows: - by striking in the heading the words “and gender”’; and by replacing the semicolon following the word “singular” with a period, and eliminating the remaining words in the provision after the period.

SECTION 64.The charter is further amended in Section 8-8 as follows:- by striking the word “secular” and inserting in place thereof “calendar” following the words “refer to”.

SECTION 65. The charter is further amended in the first sentence of SECTION 8-12 as follows:- by inserting the words “and on the city website” following the word “board”.

SECTION 66.The charter is further amended in SECTION 8-13 by amending the first sentence and inserting a new sentence following the first sentence as follows:-

(a) The first sentence is amended by striking the word “may,” and inserting in place thereof the word “shall”; by striking the word “number” following the word “their” and inserting in place thereof the word “members”; by striking the remaining words in the sentence following the word “members” and inserting in place thereof the words “notify the appointing authority.”

(b) A new sentence is inserted after the first sentence as follows:- “Such notice to the appointing authority shall include the notice from the chair of the multiple-member body to the person meeting the criteria above given in hand, or mailed, postage prepaid, by registered or certified mail, return receipt requested, of the body’s intent to notify the appointing authority of the incidence of absence at least 10 days before providing notice to the appointing authority, and the response, if any, received from the person so notified. Only the appointing authority may determine if the seat is to be declared vacant.”

SECTION 67.The charter is further amended by striking SECTION 8-14 as now appearing in its entirety and renumbering the current SECTION 8-15 to SECTION 8-14.

SECTION 68.The charter is further amended in SECTION 8-14 as follows:-

(a) In the first sentence by striking out the words “Any employee of the City, not a City officer or a department head (hereafter "such person")” and inserting in place thereof the following:- “Any City officer, member of a multiple-member body, department head or employee of the City,”; by inserting the words “SECTION 3-4” following the words “provisions of”, and by striking the words “for good cause”. The second, third, and fourth sentences as now appearing are stricken, and replaced with the following:- “Any such person may be suspended from office by the appointing authority for an initial period of 15 days, subject to an additional 15-dayextension if deemed necessary by the appointing authority.”

(b)Subparagraphs (a), (b), and (c) as now appearing are stricken in their entirety and replaced by the following:-

“(a) City Council Appointments - The City Council, may, in writing, suspend and/or remove any person appointed or elected by the City Council by notice to the employee stating the reason for the suspension and/or removal and advising the employee of the opportunity to request to appear at a meeting of the Council. This notice to said employee shall be delivered in hand, mailed by certified mail, postage prepaid, to the last known address of said employee, or emailed to said employee. At the same time, the City Council shall file a written statement with the Department of Human Resources, stating that such person is suspended and/or removed and the effective date of said suspension or removal.

The employee may make a written reply by filing such reply statement with the Department of Human Resources and the city council president within 5 days following the date the statement of the city council has been filed. In the reply, the employee may request permission to appear at a public meeting of the city council to read the written reply concerning suspension and/or removal. Such meeting must occur within 10 days of the employee’s request unless otherwise agreed by the city council president and the employee.

At the meeting, the employee shall be allowed to read their rebuttal statement or reply to the notice of suspension and/or removal. The city council President may read the notice of suspension and/or removal. The city council shall notify the employee of whether the decision has been upheld, rescinded, or modified no later than 10 days after the council meeting is adjourned. If such notification is not provided within such time, the decision to suspend and/or remove shall remain in effect. If no meeting is requested, the decision of the city council is final 6 days after delivery of the notice to the employee.”

“(b) Any employee of the city, not subject to provisions (a) above, may be suspended and/or removed by the appointing authority in accordance with the following procedure. The appointing authority shall receive approval from the mayor before proceeding with any such suspension and/or removal. Upon receiving such approval, the appointing authority shall provide notice of the suspension and/or removal to said employee by stating the reason for the suspension and/or removal, and advising the employee of the opportunity to request a meeting with the mayor. This notice to said employee shall be delivered in hand, mailed by certified mail, postage prepaid, to the last known address of said employee, or emailed to said employee. At the same time, the appointing authority shall file a written statement with the Department of Human Resources stating that such employee is suspended and/or removed and the effective date of said suspension and/or removal.

Within two days of delivery of the notice of suspension and/or removal, the employee may request in writing a meeting with the mayor. Such meeting must be held within 5 days of receipt the employee’s request, unless otherwise agreed by the mayor and the employee. At the meeting, the employee shall be allowed to reply verbally and/or in writing to the notice of suspension and/or removal. The appointing authority and the Director of Human Resources may be present at the meeting at the discretion of the mayor. Upon the direction of the mayor, the appointing authority shall issue a final decision upholding, rescinding, or modifying the suspension and/or removal no later than 5 days after the meeting. If such notification is not provided within such time, the decision to suspend or remove shall remain in effect. If no meeting is requested by the employee within two days of delivery of the notice or suspension and/or removal, the decision of the appointing authority is final.”

SECTION 69.SECTION 9-4 is amended by striking the words “his or her” and inserting thereof the word “their”.

SECTION 70.The charter is further amended by striking Section 9-6 as now appearing in its entirety; SECTION 9-7 as now appearing is renumbered as SECTION 9-6.

SECTION 71.The charter is further amended in SECTION 9-6(d) -Disposition of Certain Special Laws - by the addition of the following special acts:- St. 1936, Chapter 142 “An Act Placing Under the Civil Service Laws the Office of the Chief of Police of the City of Beverly”; and St. 1938, Chapter 203 “An Act Authorizing the Placing of the Office of Chief of the Fire Department of the City of Beverly Under the Civil Service Laws”.

SECTION 72.SECTIONS 6, 23, 31, and 32 of chapter X of the acts of 2023 act and those sections of the act dependent upon passage of the above referenced sections will take effect upon voter approval of the ballot questions appearing below, but not otherwise. All other SECTIONS of this act will take effect upon enactment by the General Court and approval of the Governor.

SECTION 73.SECTIONS 6, 23, 31, and 32 of chapter X of the acts of 2023 shall be subject to voter ratification at the regular municipal election to be held on November 7, 2023 prior to taking effect. The following questions will appear on the ballot:-

Should Sections 6 and 32 of chapter X of the acts of 2023 that would amend the charter to allow a ward councilor, ward school committee member and district school committee member who moves within the city during the first 18 months of their term of office to complete the term to which elected be approved?

YES__ NO__

Should Section 23 of chapter X of the acts of 2023 that would revise the charter to increase the term of office of the mayor to 4 years be approved?

YES__ NO__

Should Section 31 of chapter X the acts of 2023 that would revise the charter to increase the membership of the school committee by the addition of 2 new district members, one district to include Wards 1, 2, and 3 and one district to include Wards 4, 5, and 6 be approved?

YES__ NO__

SECTION 74.Should SECTIONS 23 and/or 31 of chapter X of the acts of 2023 be approved by the voters, the first regular municipal election following such ratification (November 4, 2025) shall include the election of a mayor for a 4 year term and/or the election of 2 district school committee members for a 2 year term. SECTION 6 and 32 shall take effect upon voter ratification.

Name:	District/Address:	Date Added:
Jerald A. Parisella	6th Essex	3/27/2023
Joan B. Lovely	Second Essex	4/25/2023