This charter may be replaced, revised or amended in accordance
with any procedure made available under the state constitution or
by the General Laws.
To the extent that a specific provision of this charter conflicts
with any provision expressed in general terms, the specific provision
of the charter shall prevail.
A copy of all rules and regulations adopted by a city agency
shall be placed on file in the office of the city clerk not later
than the effective date of the rule or regulation and shall be available
for review by any person who requests such information at any reasonable
time. Unless an emergency exists, as determined by the mayor, no rule
or regulation adopted by a city agency shall become effective until
at least five days following the date it is filed.
Not later than July 1, at five-year intervals, in each year
ending in a five or in a zero, the mayor and city council shall provide
for a review to be made of some or all of the ordinances of the city
to prepare a proposed revision or recodification of them. This review
shall be made by a special committee to be established by ordinance.
All members of the committee shall be voters of the city. The special
committee shall file its report with the city clerk at a date specified
by ordinance. The review of city ordinances shall be under the supervision
of the city solicitor. Copies of any recommendations shall be made
available to the public at a cost not to exceed the actual cost of
the reproduction.
Not later than July 1, at ten-year intervals, in each year ending
in a three, the mayor and city council shall provide for a review
to be made of the city charter. This review shall be made by a special
committee to be determined by ordinance. All members of the committee
shall be voters of the city. The special committee shall file its
report with the city clerk at a date specified by ordinance. Copies
of any recommendations shall be made available to the public at a
cost not to exceed the actual cost of the reproduction.
(a)
Officers - All appointed multiple-member bodies shall elect a chair,
a vice chair and a secretary and any other officer it deems necessary.
(b)
Meetings - All appointed multiple-member bodies of the city shall
meet regularly at the times and places that the multiple-member body,
by the body's own rules, prescribe. Special meetings of any multiple-member
body shall be held at the call of the chair or by a majority of the
members of the body. Notice of the meeting shall be posted as required
by law. Except as may otherwise be authorized by law, all meetings
of all multiple-member bodies shall at all times be open to the public.
(c)
Meeting Documents and Submissions - Each appointed multiple-member
body shall determine its own rules and order of business. Each multiple-member
body shall provide for the keeping of agendas, minutes and related
submissions of its proceedings. All such documents shall be a public
record, and certified copies shall be placed on file in the office
of the city clerk within a reasonable period from the date of approval.
(d)
Voting - If requested by a member, a vote of an appointed multiple-member
body shall be taken by a roll call vote and the vote of each member
shall be recorded in the minutes, but if the vote is unanimous, only
that fact need be recorded.
(e)
Quorum - A majority of the members of an appointed multiple-member
body shall constitute a quorum. Unless some other provision is made
by the multiple-member body's own rules while a quorum is present,
except on procedural matters, a majority of the full membership of
the body shall be required to vote on any matter representing an exercise
of the powers of the multiple-member body. General Laws related to
a vote to meet in "executive session" shall always require a majority
of members of the body.
All references to General Laws contained in the charter refer
to the General Laws of the commonwealth and are intended to refer
to and to include any amendments or revisions to such chapters or
sections or to the corresponding chapters and sections of any rearrangement,
revision or recodification of such statutes enacted or adopted subsequent
to the adoption of this charter.
In computing time under this charter the day of the act or event
after which the designated period of time begins to run shall not
be included. The last day of the period shall be included, unless
it is a Saturday, Sunday or legal holiday, in which event the period
shall be extended to the next day which is not a Saturday, Sunday
or legal holiday. When the period of time designated is fewer than
seven days, intermediate Saturdays, Sundays and legal holidays shall
not be included; when the period is seven days or more, Saturdays,
Sundays and legal holidays shall be included.
A mayor-elect, the city council members-elect, the school committee
members-elect and a city clerk-elect shall, on the first Monday in
the January of each even-numbered year, meet and take an oath or affirmation
to the faithful discharge of the duties of their office by the city
clerk. If the first Monday in January of such even-numbered years
falls on a legal holiday, the oaths or affirmations shall be taken
on the following day. The city clerk shall first take the oath or
affirmation to the discharge of the duties of the office by a judge
of a court of record or by a justice of the peace. Upon receiving
the oath or affirmation, each official shall document the same by
signing an oath or affirmation that shall be kept in a bound book
maintained by the city clerk. In the case of the absence of the mayor-elect
or any member-elect of the city council or school committee on the
day the oath is administered, the oath or affirmation may at any time
thereafter be administered to that person by the city clerk, the assistant
city clerk, a judge of a court of record or by a justice of the peace.
Modifications to this section may be prescribed by ordinance.
Every person who is elected or appointed to an office or as
a member of a multiple-member body shall receive a certificate of
that election or appointment from the city clerk. Except as otherwise
provided by law, every person who is elected or appointed to an office
or as a member of a multiple-member body, before performing any act
under this election or appointment, shall take and subscribe to an
oath or affirmation to qualify to enter upon the duties. A record
of this oath shall be kept by the city clerk.
Unless otherwise allowed by law or this charter, no person shall
simultaneously hold more than one city office or position of employment.
This section may be waived by the mayor upon the appointment of a
person to an additional office or position of employment by filing
a notice of the waiver with an explanation and justification with
the city clerk.
An elected official who has been convicted of a state or federal
felony while holding office shall be deemed to have vacated the office.
It shall be the duty of the mayor to see that the charter is
faithfully followed and complied with by all city agencies and city
employees. Whenever it appears to the mayor that a city agency or
city employee is failing to follow this charter the mayor shall, in
writing, cause notice to be given to that agency or employee directing
compliance with the charter. If it shall appear to the city council
that the mayor personally is not following the charter the city council
shall, by resolution, direct the attention of the mayor to those areas
in which it believes there is a failure to comply with the charter.
The procedures made available in chapter 231A of the General Laws
may be used to determine the rights, duties, status or other legal
relations arising under this charter, including any question of construction
or validity which may be involved in such determination.
