(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 4 years,
beginning on the first Monday in the January after the 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 the
mayor's successor has been qualified.
(c)
Compensation - The city council shall, by ordinance, establish an
annual salary for the mayor. No ordinance increasing or reducing the
salary of the mayor shall be effective unless it has been adopted
by a two-thirds vote of the full city council. No ordinance increasing
the salary 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 salary increase 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 1 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, no such person shall be eligible for any other
municipal position until at least 1 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, to make motions and to exercise every other right
of a regular member of that body, but not including the right to vote.
The mayor shall appoint, subject to review by the city council
under section 2-10, all city officers and 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, 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.
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 the head of another city agency, a
city officer, city employee or some other 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. The mayor shall file a certificate
in substantially the following form, with the city clerk, whenever
a person is designated under this section:
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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 Northampton.
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(signed)
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Mayor
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Persons serving as temporary officers under this section shall
have only those powers of the office indispensably 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, not more than 2 30 day extensions of a
temporary appointment may be made when a permanent vacancy exists
in the office.
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(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.
[Amended 8-13-2021 by Acts of 2021, Ch. 40]
Every order, ordinance or vote adopted or passed by the city
council relative to the affairs of the city, except non-binding resolutions,
the confirmation 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 3 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 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.
[Amended 8-13-2021 by Acts of 2021, Ch. 40]
(a)
Acting Mayor - The mayor shall, by a letter filed with the city council and a copy filed with the city clerk, delegate authority pursuant to section 3-8 to a qualified city officer or employee to exercise the powers and perform the duties of the office of mayor during the temporary absence of the mayor for periods totaling not more than 10 business days; provided, however, that the temporary mayor shall serve only when required by the needs of the city and only to the extent necessary under the circumstances. If the temporary absence of the mayor exceeds 10 consecutive business days, the president of the city council shall be the acting mayor. If at any time the city council determines that the mayor is incapacitated and unable to perform the duties of the office, the city council may appoint its president to serve as acting mayor by the affirmative vote of 7 membcrs. 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 indispensably 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. During a period in which any member of the
city council is serving as acting mayor, that councilor shall not
vote as a member of the city council.
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 authorizations 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.
[Amended 8-13-2021 by Acts of 2021, Ch. 40]
(a)
If a
vacancy in the office of mayor occurs, the city council president
shall serve as mayor until a mayor is elected and qualified pursuant
to this section. In the event that the city council president is unable
to serve as mayor pursuant to this subsection, the city council shall
elect, from among its membership, a person to serve as mayor. The
city council president or other councilor elected by the city council
hereunder shall take office immediately upon the vacancy.
(b)
Upon a vacancy in the office of mayor, the city council shall, in accordance with clause (ii) of subsection (c) of section 2-6, call a special meeting of the city council within 7 days at which the city council shall, pursuant to section 8-1, order a special election to be held within 120 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 upon certification of the results of the election.
(c)
Upon the adoption of an order for a special election pursuant to subsection (b), the city clerk shall set the special election calendar as follows: (i) nomination papers shall be made available within 10 days of the vacancy; (ii) nomination papers shall be filed with the board of registrars of voters within 33 days of the vacancy; (iii) the candidate shall file such certified nomination papers with the city clerk within 47 days of the vacancy; (iv) a preliminary election shall be held within 92 days of the vacancy, if required; and (v) a special election shall be held within 120 days of the vacancy.
(d)
Notwithstanding subsection (b), no special election shall be ordered if the vacancy occurs in month 15, 16, 17, 18, 39, 40, 41 or 42 of the term for which the mayor was elected. If such a vacancy occurs, the city council president or other councilor elected by the city council shall serve as mayor until a person is elected mayor at the next regular city election and is sworn to the office. The person elected at such regular city election shall be sworn to office immediately upon certification of the results of the election and shall serve a 4-year term in accordance with subsection (b) of section 3-1.
(e)
Notwithstanding subsection (b), no special election shall be ordered if the vacancy occurs in month 47 or 48 of the term for which the mayor was elected and the mayor will not be serving another term. If such a vacancy occurs, the mayor-elect shall be sworn to office immediately upon certification of the results of the election and shall serve the remainder of the mayoral term and the 4-year term for which the mayor-elect was elected.
(f)
Any
person serving as mayor pursuant to this section shall receive the
compensation then in effect for the office of mayor.
