(a)
Composition - There shall be a city council consisting of 9 members which shall exercise the legislative powers of the city. Two of these members, to be known as councilors-at-large, shall be nominated and elected by and from the voters at large. Seven of these members, to be known as ward councilors, shall be nominated and elected by and from the voters from each ward; 1 such ward councilor to be elected from each of the 7 wards into which the city is divided under section 8-6.
(b)
Term of Office - The term of office for councilors shall be 2 years
each, beginning on the first Monday in the January succeeding the
councilor's election, except when that first Monday falls on a legal
holiday, in which event the term shall begin on the following day
and until a successor has been qualified.
(c)
Eligibility - Any voter shall be eligible to hold the office of councilor-at-large. A ward councilor shall be a voter in the ward from which election is sought. If a ward councilor or a councilor-at-large removes from the city during the councilor's term, that office shall immediately be deemed vacant and filled in the manner provided in section 2-11. A ward councilor who removes from the ward in which the councilor was elected and who remains a resident of the city may continue to serve during the term for which the councilor was elected.
(a)
Election and Term - As soon as practicable after the councilors-elect have been qualified following each regular city election, as provided in section 10-11, the members of the city council shall elect from among its members a president and vice-president who shall serve for 2 year terms. The method of election of the president and vice-president shall be prescribed within the rules of the city council.
(b)
Powers and Duties - The president shall prepare the agenda for city
council meetings. The president shall preside at all meetings of the
city council, regulate its proceedings and decide all questions of
order. The president shall appoint all members of committees of the
city council, whether special or standing. The president shall have
the same powers to vote upon measures coming before the city council
as any other member of the city council. The president shall perform
any other duties consistent with the office that are established by
charter, ordinance or other vote of the city council. The vice-president
shall preside in the absence of the president.
[Amended 8-13-2021 by Acts of 2021, Ch. 40]
(a)
Holding Other City Position - No member of the city council shall
hold any other compensated city position. No former member of the
city council shall hold any compensated appointed city position until
1 year following the date on which the former member's service on
the city council has terminated. This section shall not prevent a
city employee who vacated a position in order to serve as a member
of the city council from returning to the same position upon the expiration
of the term for which that person was elected.
(b)
Interference with Administration - No city council or any member
of the city council shall give orders or directions to any employee
of the city appointed by the mayor, either publicly or privately.
The members of the city council shall receive a salary for their
services set by ordinance. No ordinance increasing or reducing the
salary of the members of the city council shall be effective unless
it is adopted by a two-thirds vote of the full city council. No ordinance
increasing the salary of councilors shall be effective unless it is
adopted during the first 18 months of the term for which the city
council is elected and it provides that the salary increase is to
take effect upon the organization of the city government following
the next regular city election.
Except as otherwise provided by the General Laws or by this
charter, all powers of the city shall be vested in the city council
which shall provide for the performance of all duties and obligations
imposed upon the city by law.
(a)
Exercise of Powers - Except as otherwise provided by General Laws
or by this charter, the legislative powers of the city council may
be exercised in a manner determined by the city council.
(b)
Quorum - The presence of 5 members shall constitute a quorum for
the transaction of business. Except as otherwise provided by General
Laws or by this charter, the affirmative vote, taken by roll call
vote, of 6 members shall be required to adopt an appropriation order.
Except as otherwise provided by law or this charter, the affirmative
vote, taken by roll call vote, of a majority of the full city council
shall be required to adopt any ordinance.
(c)
Rules of Procedure - The city council shall adopt rules regulating
the procedures of the city council, which shall include, but not be
limited to, the following rules:
(i)
Regular meetings of the city council shall he held at a time
and place fixed by order. All regular meetings of the city council
shall provide for a period of public comment; provided, however, the
city council may promulgate rules that regulate the period of public
comment as deemed appropriate.
[Amended 8-13-2021 by Acts of 2021, Ch. 40]
(ii)
Special meetings of the city council shall be held at the call
of the president or at the call of any 3 or more members, for any
purpose. Notice of the meeting shall, except in an emergency, which
shall be designated by the president, be delivered to each member
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 or purposes
for which the meeting is to be held. A copy of each notice shall immediately
be posted as the General Laws relative to such postings require.
(iii)
All sessions of the city council and of every committee or subcommittee
of the council shall at all times be open to the public unless otherwise
specified by law.
(iv)
A full, accurate, up-to-date account of the proceedings of the
city council shall be maintained by the city clerk, which shall include
a record of each vote taken and which shall be made available with
reasonable promptness following each meeting, but not later than the
next regularly scheduled meeting. Unless otherwise provided by law,
the minutes of an executive session shall be made available as soon
as publication of the minutes would not defeat the purpose of the
executive session.
(a)
In General - The city council may make investigations into the affairs
of the city and into the conduct and performance of any city agency.
(b)
Information Requests - The city council may require a member of an
appointed multiple-member body or a city employee appear before the
city council to give any information that the city council may require
in relation to the municipal services, functions, powers or duties
which are within the scope of responsibility of that person and not
within the jurisdiction of the school committee.
(c)
Mayor - The city council may request specific information from the
mayor on any municipal matter and may request that the mayor be present
to answer written questions relating to that information at a meeting
to be held not earlier than 7 days from the date the mayor receives
the questions. The mayor shall personally, or through a designated
city employee, attend such meeting and respond to the questions. The
mayor, or the person designated to attend, shall not be required to
answer questions relating to any other matter.
(d)
Notice - The city council shall give a minimum of 7 days notice to
a person it may require to appear before it under this section. The
notice shall include specific questions on which the city council
seeks information and no person called to appear before the city council
under this section shall be required to respond to any question not
relevant or related to those questions presented in advance and in
writing.
Subject to appropriation, the city council may employ staff
as it deems necessary.
(a)
Measures- Except as otherwise provided by the charter, every adopted
measure shall become effective at the expiration of 10 days after
adoption or upon the signature of the mayor, whichever occurs first.
No ordinance shall be amended or repealed except by another ordinance
adopted in accordance with the charter, or as provided in the initiative
and referendum procedures.
(b)
Emergency Measures- An emergency measure shall be introduced in the
form and manner prescribed for measures generally, except that it
shall be plainly designated as an emergency measure and shall contain
statements after the enacting clause declaring that an emergency exists
and describing the scope and nature of the emergency in clear and
specific terms. A preamble which declares and defines the emergency
shall be separately voted on and shall require the affirmative vote
of two-thirds of the full city council. An emergency measure may be
passed with an amendment or rejected at the meeting at which it is
introduced. No measure making a grant, renewal or extension, whatever
its kind or nature, or a franchise or special privilege shall be passed
as an emergency measure. Except as provided by the laws of the commonwealth,
such grant, renewal or extension shall be made by ordinance. An emergency
measure shall become effective upon adoption or at such later time
as it may specify.
(c)
Charter Objection- On the first occasion that the question on adoption
of a measure is put to the city council, if a single member present
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 2 members present object, such postponement shall be until the
next regular meeting. If it is an emergency measure at least 4 members
must object. This procedure shall not be used more than once for any
specific matter notwithstanding an amendment to the original matter.
A charter objection shall have privilege over all motions but must
be raised prior to or at the call for a vote by the presiding officer
and all debate shall cease.
The mayor shall refer to the city council and simultaneously
file with the city clerk, the name of each person the mayor desires
to appoint as a department head or as a member of a multiple-member
body, but not including any position which is subject to the civil
service law. The city council shall refer each name submitted to a
standing committee of the council which shall review each candidate
for appointment and shall make a recommendation to the full city council
not less than 7 nor more than 45 days after the referral. The committee
may require any person whose name has been referred to appear before
the committee or before the city council to give any information relevant
to the appointment that the committee or the city council may require.
Appointments made by the mayor shall become effective on the forty-fifth
day after the date on which notice of the proposed appointment was
filed with the city clerk unless approved or rejected by the city
council within the 45 days.
If a vacancy in the office of councilor occurs prior to the eighteenth month of the term for which the councilor is elected, the city council shall, under section 8-1, order a special election to be held within 90 days following the date the vacancy is created to fill that vacancy until the next regular city election. The person elected at a special city election shall be sworn to office immediately. If a regular city election is to be held within 120 days following the date the vacancy is created, a special election need not be held and the office shall be filled by the voters at the regular city election. Election to fill the vacant seat of a ward councilor shall be held only in the affected ward, while an election to fill a vacant seat of a councilor-at-large shall be held in all wards of the city.
