(a)
Mayor Qualifications - The chief executive officer of the city shall
be a mayor, elected by the voters of the city at large. Any voter
shall be eligible to hold the office of mayor. The mayor shall devote
full-time to the office and shall not hold any other elective public
office.
(b)
Term of Office - The term of office of the mayor shall be four years,
beginning on the first Monday in the January succeeding the mayor's
election, except when that first Monday falls on a legal holiday,
in which event the term shall begin on the following day and shall
continue until a successor has been qualified.
(c)
Compensation - The city council shall, by ordinance, establish the
compensation for the mayor. No ordinance increasing or reducing the
compensation of the mayor shall be effective unless it has been adopted
by a two-thirds vote of the full city council. No ordinance increasing
or reducing the compensation of the mayor shall be effective unless
it has been adopted during the first 18 months of the term for which
the mayor is elected and unless it provides that the compensation
increase or reduction is to take effect upon the organization of the
city government following the next regular city election.
(d)
Prohibitions - The mayor shall hold no other compensated city position.
No former mayor shall hold a compensated appointed city office or
city employment until one year following the date on which the former
mayor's city service has terminated. This subsection shall not prevent
a city officer or other city employee who has vacated a position in
order to serve as mayor from returning to the same office or other
position of city employment held at the time such position was vacated;
provided, however, that no such person shall be eligible for any other
municipal position until at least one year following the termination
of service as mayor. This prohibition shall not apply to persons covered
by a leave of absence under section 37 of chapter 31 of the General
Laws.
The executive powers of the city shall be vested solely in the
mayor and may be exercised by the mayor either personally or through
the several city agencies under the general supervision and control
of the office of the mayor. The mayor shall cause the charter, laws,
ordinances and other orders of the city government to be enforced
and shall cause a record of all official acts of the executive branch
of the city government to be kept. The mayor shall exercise general
supervision and direction over all city agencies, unless otherwise
provided by law or by this charter. Each city agency shall furnish
to the mayor, upon request, any information or materials the mayor
may request and as the needs of the office of mayor and the interest
of the city may require. The mayor shall supervise, direct and be
responsible for the efficient administration of all city activities
and functions placed under the control of the mayor by law or by this
charter. The mayor shall be responsible for the efficient and effective
coordination of the activities of all agencies of the city and may
call together for consultation, conference and discussion, at reasonable
times, all persons serving the city, whether elected directly by the
voters, chosen by persons elected directly by the voters or otherwise.
The mayor shall be, by virtue of the office, a member of every appointed
multiple-member body of the city. The mayor may, as such ex officio
member, attend a meeting of an appointed multiple-member body of the
city, at any time, including, so called executive sessions, to participate
in the discussions of that body, but shall not have the right to vote.
The mayor shall appoint, subject to review by the city council under section 2-10, all department heads and the members of multiple-member bodies for whom no other method of appointment or selection is provided by the charter; provided, however, that this shall not include persons serving under the school committee and persons serving under the city council. All appointments to multiple-member bodies shall be for terms established under article 6. Upon the expiration of the term of any member of a multiple-member body, a successor shall be appointed under article 6. The mayor shall fill a vacancy for the remainder of the unexpired term of any member of a multiple-member body. The method of appointment for all other city employees shall be prescribed by administrative order under article 6. Department heads may be removed at the sole discretion of the mayor.
Whenever a vacancy, either temporary or permanent, occurs in
a city office and the needs of the city require that such office be
filled, the mayor may designate a person to perform the duties of
the office on a temporary basis until the position can be filled as
provided by law or by this charter. When the mayor designates a person
under this section, the mayor shall file a certificate with the city
clerk in substantially the following form:
"I designate (name of person) to perform the duties of the office
of (designate office in which vacancy exists) on a temporary basis
until the office can be filled by (here set out the regular procedure
for filling the vacancy, or when the regular officer shall return).
I certify that this person is qualified to perform the duties which
will be required and that I make this designation solely in the interests
of the city of Pittsfield."
Persons serving as temporary officers under this section shall
have only those powers of the office indispensable and essential to
the performance of the duties of the office during the period of temporary
appointment and no others. Notwithstanding any general or special
law to the contrary, no temporary appointment shall be for more than
90 days; provided, however, that not more than two extensions of a
temporary appointment, which shall not exceed a total of 60 days,
may be made when a permanent vacancy exists in the office.
(a)
Communications to the City Council - The mayor shall, by written
communications, recommend to the city council for its consideration
measures as, in the judgment of the mayor, the needs of the city require.
The mayor shall, by written communication, keep the city council fully
informed of the financial and administrative condition of the city
and shall specifically indicate in any such reports any fiscal, financial
or administrative issues facing the city.
(b)
Special Meetings of the City Council - The mayor may call a special
meeting of the city council for any purpose. Notice of the meeting
shall, except in an emergency, which shall be designated by the mayor,
be delivered at least 48 weekday hours in advance of the time set
and shall specify the date, time and location of the meeting and the
purpose for which the meeting is to be held. A copy of the notice
shall be posted immediately or as required by the General Laws relative
to such a posting.
Every order, ordinance, resolution or vote adopted or passed
by the city council relative to the affairs of the city, except memorial
resolutions, the selection of city officers by the city council and
any matters relating to the internal affairs of the city council,
shall be presented to the mayor for approval within three business
days of such adoption or passage. If the mayor approves of the measure,
the mayor shall sign it; if the mayor disapproves of the measure,
the mayor shall return the measure with the specific reason for such
disapproval attached to the measure, in writing, to the city council.
The city council shall enter the objections of the mayor on its records
and not less than 10 business days nor more than 30 days from the
date of its return to the city council, shall again consider the same
measure. If the city council, notwithstanding such disapproval by
the mayor, shall again pass the order, ordinance, resolution or vote
by a two-thirds vote of the full council, it shall then be deemed
in force, notwithstanding the failure of the mayor to approve the
same. If the mayor has neither signed a measure nor returned it to
the city council within 10 days following the date it was presented
to the mayor, the measure shall be deemed approved and in force.
(a)
Acting Mayor - Whenever, by reason of sickness or other cause, the
mayor is unable to perform the duties of the office, the president
of the city council shall be the acting mayor. The city council, by
the affirmative vote of eight members, shall determine whether the
mayor is unable to perform the duties of the office. Notwithstanding
any general or special law to the contrary, the vote shall be taken
in public session by a roll call vote.
(b)
Powers of Acting Mayor - The acting mayor shall have only those powers
of the mayor as are indispensable and essential to conduct the business
of the city in an orderly and efficient manner and on which action
may not be delayed. The acting mayor shall have no authority to make
a permanent appointment or removal from city service unless the disability
or absence of the mayor shall extend beyond 60 days nor shall an acting
mayor approve or disapprove of any measure adopted by the city council
unless the time within which the mayor must act would expire before
the return of the mayor. The city council president serving as acting
mayor shall not vote as a member of the city council.
(c)
In the event that the city council president is unable to serve as
acting mayor under this section, the city council shall elect, from
among its membership, a person to serve as acting mayor.
The mayor may authorize a subordinate officer or employee of
the city to exercise a power or perform a function or a duty which
is assigned by this charter, or otherwise, to the mayor and the mayor
may rescind or revoke an authorization previously made; provided,
however, that all acts performed under any such delegation of authority
during the period of authorization shall be and remain the acts of
the mayor. Nothing in this section shall be construed to authorize
a mayor to delegate the powers and duties of a school committee member,
the power of appointment to city office or employment or to sign or
return measures approved by the city council.
Whenever a vacancy occurs in the office of mayor by death, removal,
resignation or any other reason during the first through 41st months
of the term for which the mayor was elected, the city council shall
call a special election to be held within 90 days following the date
the vacancy is created to fill the vacancy for the remainder of the
unexpired term. The city council president shall serve as acting mayor
until the vacancy is filled. If a regular city election is to be held
within 150 days after the date the vacancy is created, a special election
need not be held and the position shall be filled by vote at the regular
city election and the person elected shall serve for the remained
of the unexpired term.
If a vacancy occurs during the 42nd month through the end of
the term for which the mayor was elected, the president of the city
council shall become acting mayor, shall exercise all the rights and
powers of the mayor and shall be sworn to the faithful discharge of
the mayoral duties. In the event that the city council president is
unable or unwilling to serve, a special meeting of the city council
shall be called by the president and the council shall elect, by majority
vote, one of its members to serve as acting mayor for the remainder
of the unexpired term. The individual serving as acting mayor under
this section shall not be entitled to have the words "candidate for
reelection" printed with that person's name on the election ballot.
Any person serving as mayor under this section shall receive the compensation
then in effect for the position of mayor.