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.
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 the charter and its provisions to other persons and circumstances
shall not be affected thereby.
To the extent that any specific provision of this charter shall
conflict with any provision expressed in general terms, the specific
provision shall prevail.
A copy of all rules and regulations adopted by any town agency
shall be placed on file in the office of the town 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 town
agency shall become effective until five days following the date it
is so filed.
Not later than the first day of July, at five year intervals,
in each year ending in a five or in a zero, the mayor and town council
shall provide for a review to be made of the ordinances of the town
for the purpose of preparing a proposed revision or recodification
of the same, without substantive change. Such review shall be made
by a special committee to consist of nine members, four of these members
shall be appointed by the town council president and five of the members
shall be appointed by the mayor. At least two of the persons appointed
by the town council president shall be members of the town council
and the remaining members shall be voters of the town. The special
committee shall file its report with the clerk of the council, not
later than the first day of May in the year following the year in
which the committee is appointed. The recommendations of the special
committee shall appear on the council agenda for action before the
fifteenth day of June in said year and if not so scheduled by the
clerk of the council the matter shall come before the council for
action at its next meeting held following the said fifteenth day of
June and no other business shall be in order until such report has
been acted upon, by roll call vote.
The review of town ordinances shall be under the supervision
of the town solicitor. A revision, recodification or republication
of the ordinances shall be made at five year intervals. Copies of
the revision, recodification or republication shall be made available
to the public at a cost not to exceed the actual cost of such reproduction.
In each year between such reenactments, an annual supplement
shall be published which shall contain all ordinances and amendments
to ordinances adopted in the preceding year.
Not later than the first day of July, at ten year intervals,
in each year ending in a nine, the mayor and town council shall provide
for a review to be made of the town charter. Such review shall be
made by a special committee to consist of nine members, four of these
members shall be appointed by the town council president and five
of the members shall be appointed by the mayor. At least two of the
persons appointed by the town council president shall be members of
the town council and the remaining members shall be voters of the
town. The special committee shall file its report with the clerk of
the council, not later than the first day of May in the year following
the year in which the committee is appointed. The recommendations
of the special committee shall appear on the council agenda for action
before the fifteenth day of June in said year and if not so scheduled
by the clerk of the council the matter shall come before the council
for action at its next meeting held following the said fifteenth day
of June and no other business shall be in order until such report
has been acted upon, by roll call vote.
(a)Â
Meetings - All multiple member bodies
of the town, whether elected, appointed or otherwise constituted,
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 one-third of the members thereof
by written notice delivered in hand or to the place of residence of
each member at least forty-eight hours in advance of the time set,
which shall contain notice of the subjects to be acted upon. A copy
of the said notice, shall also be posted on the town bulletin board.
Except as may otherwise be authorized by law, all meetings of all
multiple member bodies shall at all times be open to the public and
the media.
(b)Â
Rules and Journals - Each multiple
member body shall determine its own rules and order of business unless
another provision is made by ordinance or by law, and shall provide
for keeping a journal of its proceedings. These rules and journals
shall be a public record and certified copies shall be placed on file
in the office of the town clerk and in the Weymouth Public Library.
(c)Â
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, if the vote is unanimous, only that fact need be
recorded.
(d)Â
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. Unless some other provision
is made by law, by ordinance or 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
adopt any vote representing an exercise of the powers of the multiple
member body.
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.
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,
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 less than
seven days, intermediate Saturdays, Sundays and legal holidays shall
not be included, when the period is seven days or more, every day
shall be counted.
The mayor-elect, councilors-elect, and school committee members-elect
shall, on the first business day in January of each even-numbered
year, meet and be sworn to the faithful discharge of their duties.
The oath may be administered to the mayor by the town 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 town 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 town
council.
In case of the absence of the mayor-elect, or any member-elect
of the town council or school committee on said day the oath of office
may at any time thereafter be administered to such person who for
any reason 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 town council.
After the oath has been administered to the councilors present, they shall organize by electing from among their number a person to serve as the president and a person to serve as the vice-president, as provided in section 2-2. If the town clerk is unable to preside during such election the council member senior in years of service on the town council shall preside during such election. If two or more members are equally senior in years of service on the town council the member senior both in years of service and age shall preside. The president and vice-president shall be sworn by the town clerk, or, in the case of the absence of the town clerk, by any person qualified to take oaths or affirmations.
After the oath has been administered to the school committee members present, they shall organize by electing from among their number a person to serve as the chair and a person to serve as the vice-chair, as provided in section 4-2. If the town clerk is unable to preside during such election the member senior in years of service on the school committee shall preside during such election. If two or more members are equally senior in years of service on the school committee the member senior both in years of service and age shall preside. The chair and the vice-chair shall be sworn by the town clerk, or, in the case of the absence of the town clerk, by any person qualified to take oaths or affirmations.
Every person who is elected, including those elected by the
town council, or appointed to an office of the town shall receive
a certificate of such election or appointment from the town clerk.
Except as otherwise provided by law, every person who is elected,
including those elected by the town council, or appointed to an office
of the town before performing any act under such appointment or election,
shall take and subscribe to an oath to qualify to enter upon the duties.
A record of such oath shall be kept by the town clerk.
No person shall simultaneously hold more than one full time
town office or position of employment. Any hours worked in any part
time position shall not be the same or otherwise conflict with the
hours worked in a full time position.
It shall be the duty of the mayor to see that the provisions
of the charter are faithfully followed and complied with by all town
agencies and town employees. Whenever it appears to the mayor that
any town agency or town employee is failing to follow any provision
of this charter the mayor shall, in writing, cause notice to be given
to such agency or employee directing compliance with the charter.
If it shall appear to the town council that the mayor personally is
not following the provisions of the charter it shall, by resolution,
direct the attention of the mayor to those areas in which they believe
there is a failure to comply with charter provisions.
The procedures made available in chapter two hundred and thirty-one
A 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.
An annual report which contains a general summary of the activities
of all town agencies shall be published within ninety days following
the close of each fiscal year. The annual report shall contain reports
by the mayor, the town council, the town comptroller, the treasurer,
the school committee and such other town agencies as may be required
by ordinance to provide such reports.
Whenever a vacancy occurs, or is about to occur, in any town
office or town employment, except for positions covered by the civil
service law, the appointing authority shall forthwith cause public
notice of such vacancy, or impending vacancy, to be posted on the
town bulletin board for a period of not less than fourteen days. Any
person who desires to be considered for appointment to said office
or employment may file with the appointing authority a statement in
clear and specific terms setting forth such person's qualifications
for the position. No permanent appointment to fill a vacancy in an
office or employment shall be effective until at least fourteen days
have elapsed following such posting, and until all persons who have
filed statements in application have been considered.
