(a)
In general - This Charter may be replaced, revised or amended in
accordance with any procedure made available under the State Constitution,
or by statutes enacted in accordance with the State Constitution.
(b)
Periodic review - The City Council shall provide, in every year ending
in a zero, for a review of the Charter by a special or standing committee
of the Council and four additional persons to be appointed by the
Council President. The said committee shall file a report within the
said year recommending any changes in the Charter which it may deem
to be necessary or desirable.
The provisions of this Charter are severable. If any provision
of this Charter is held invalid, the other provisions shall not be
affected thereby. If the application of this Charter, or any of its
provisions, to any person or circumstance is held invalid, the application
of this Charter and its provisions to other persons and circumstances
shall not be affected thereby.
To the extent that any specific provision of this Charter may
conflict with any other provision expressed in general terms, the
specific provision shall prevail.
A copy of all rules and regulations adopted by City agencies
shall be placed on file in the office of the City Clerk and shall
be available for review by any person who requests such information
at any reasonable time. No rule or regulation adopted by any City
agency shall become effective until seven days following the date
it is so filed.
The City Council shall provide, in each year ending in a two
or in a seven, for a review of all ordinances of the City for the
purpose of determining if any amendments or revisions may be necessary
or desirable. Such review shall be conducted under the supervision
of the City Counsel, or, if the City Council so directs, by special
counsel appointed for that purpose. A report, with recommendations,
shall be submitted within the said year.
(a)
Meetings - All multiple-member bodies of the City shall meet regularly
at such times and places as they may, by their own rules, prescribe,
unless some other provision is made by ordinance or by law. Special
meetings of any multiple-member body shall be held on the call of
the Chairman or by 1/3 of the members thereof, by written notice delivered
in hand or to the place of residence of each member and which contains
a list of the item or items to be acted upon. Except in case of an
emergency, such notice shall be delivered at least 48 hours in advance
of the time set for such meeting. A copy of such notice to members
shall, forthwith, be posted upon the City bulletin board.
(b)
Rules and journals - Each multiple-member body shall determine its
own rules and order of business, unless otherwise provided by this
Charter, by law, or by ordinance, and shall provide for keeping minutes
of its proceedings. These rules and the minutes of meetings shall
be public records, and certified copies of them shall be kept available
in the office of the City Clerk. For the convenience of the public,
copies of these records shall also be kept at the Beverly Public Library;
provided, however, such copies kept at the public library are not
to be construed in any way as being the official records.
(c)
Voting - If requested by any member, any vote of any multiple-member
body shall be taken by a call of the roll and the vote of each member
shall be recorded in the journal; provided, however, that if the vote
is unanimous only that fact need be recorded.
(d)
Quorum - A majority of the members of a multiple-member body shall
constitute a quorum, but a smaller number may meet and adjourn from
time to time.
Words importing the singular number may extend and be applied
to several persons or things; words importing the plural number may
include the singular; and words importing the masculine gender shall
include the feminine gender.
In computing time under the Charter, if seven days or less,
"days" shall refer to secular days not including Saturdays, Sundays
or legal holidays. If more than seven days, every day shall be counted.
All references to General Laws contained in the Charter refer
to the General Laws of the Commonwealth of Massachusetts 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, recodification, or revision of such statutes enacted
or adopted subsequent to the adoption of this Charter.
Every person who is elected, including those elected by the
City Council, or appointed to an office of the City shall receive
a certificate of such election or appointment from the City Clerk.
Except as otherwise provided by law, before performing any act
under an appointment or election, all such persons shall take and
subscribe to an oath of office and be sworn to the faithful performance
of their duties.
The Mayor-elect, Councillors-elect, and School Committee members-elect
shall, on the first Monday in January of each even-numbered year at
12:00 noon, meet and be sworn to the faithful discharge of their duties.
The oath may be administered to the Mayor by the City Clerk, or by
a judge of a court of record, or by a Justice of the Peace. The oath
may be administered to the members of the City Council and the School
Committee by the Mayor, after the Mayor has been duly sworn, or by
any of the above named officials. A certificate that said oath or
oaths have been taken shall be entered in the journal of the City
Council.
In case of the absence of the Mayor-elect, or any member-elect
of the City Council or School Committee on said day, the oath of office
may at any time thereafter be administered to such person who for
any reasons shall not have taken the oath on the day named. A certificate
of each oath subsequently taken shall be entered in the journal of
the City Council.
After the oath has been administered to the Councillors present, they shall organize, with the member elected at large receiving the highest number of votes at the preceding biennial City election, as President, as provided in Section 2-2. The President shall be sworn by the City Clerk, or, in the case of the absence of the City Clerk, by any person qualified to take oaths or affirmations.
After the oath has been administered to the School Committee members present, the Committee shall organize by choosing a School Committee President, as provided in Section 4-2. The President shall be sworn by the City Clerk, or, in the case of the absence of the City Clerk, by any person qualified to take oaths or affirmations.
Whenever a vacancy shall occur in any City office or in the
employment of the City, or, when by reason of a retirement, or resignation,
or the expiration of a fixed term, or otherwise a vacancy can be anticipated,
the Mayor or other appointing authority shall forthwith cause public
notice of such vacancy or impending vacancy to be publicly posted
on the City bulletin board for not less than 10 days. Each such notice
shall contain a brief description of the duties of the office or position
and shall indicate a list of necessary or desirable qualifications
for the office or position. Any person who desires to be considered
for an appointment to fill such vacancy may, within 10 days following
the date the notice is posted, or such longer period as may be indicated
in such announcement, file with the appointing authority a statement
setting forth with reasonable clarity and specificity the qualifications
of such person for such appointment. No permanent appointment to fill
any position shall be effective until at least 14 days have elapsed
following such posting to permit the reasonable consideration of all
such applicants. This section shall not apply to positions covered
under the civil service law and rules or if in conflict with the provisions
of a collective bargaining agreement.
If any person appointed to serve as a member of a multiple-member
body shall fail to attend three or more consecutive meetings, or all
of the meetings held during four calendar months, or 1/2 or more of
all of the meetings of such body held in one calendar year, the remaining
members of the multiple-member body may, by a majority vote of their
number, declare the office to be vacant; provided, however, that not
less than 10 days prior to the date said vote is scheduled to be taken,
the body has given in hand, or mailed, postage prepaid, by registered
or certified mail, return receipt requested, notice of such proposed
or pending vote to the last known address of the person whose removal
is sought.
Whenever a vacancy shall occur in the membership of an appointed
multiple-member body, the remaining members shall, forthwith, give
written notice of such vacancy to the appointing authority. If, at
the expiration of 30 days following the delivery of such notice to
the appointing authority, said appointing authority has not appointed
some person to fill the vacancy, the remaining members of the multiple-member
body shall fill such vacancy for the remainder of any unexpired term
by majority vote of its remaining members.
Any employee of the City, not a City officer or a department
head (hereafter "such person") and not subject to the provisions of
the civil service law, or covered by the terms of a collective bargaining
agreement which provides a different method, and whether appointed
for a fixed or an indefinite term, may be suspended or removed from
office by the appointing authority for good cause. The term "cause"
shall include, but not be limited to, the following: inefficiency,
insubordination, conduct unbecoming the office and incapacity, other
than temporary illness.
Any such person may be suspended from office by the appointing
authority if such action is deemed by the appointing authority to
be necessary to protect the interests of the City. However, no suspension
shall be for more than 15 days. Suspension may be coterminous with
removal and shall not interfere with the rights of the officer or
employee under the removal procedure given below.
The appointing authority, when removing any such person, shall
act in accordance with the following procedure:
(a)
A written notice of the intent to remove and a statement of the cause
or causes therefor shall be delivered in hand or by certified mail
to the last known address of the person sought to be removed.
(b)
Within five days of delivery of such notice, the officer or employee
of the City may request a public hearing at which such person may
be represented by counsel, shall be entitled to present evidence,
call witnesses and to question any witness appearing at the hearing.
(c)
Between one day and 10 days after the public hearing is adjourned,
or if the officer or employee of the City fails to request a public
hearing, between six days and 15 days after delivery of the notice
of intent to remove, the appointing authority shall take final action,
either removing such person, or, notifying such person that the notice
is rescinded. Failure of the appointing authority to take any action
within the time periods as stated in this section shall be deemed
to be a rescission of the original notice and the officer or employee
shall, forthwith, be reinstated.
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Nothing in this section shall be construed as granting a right
to such a hearing to a person who has been appointed for a fixed term
when that term of office expires and such person is not reappointed
for another term of office.
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