This charter may be replaced, revised or amended in accordance
with any procedure made available under the state constitution or
by-laws enacted in accordance with the state constitution.
The provisions of this charter shall be severable. If a provision
of this charter is held invalid, the other provisions shall not be
affected by such invalidity. If the application of this charter to
a person or circumstance is held invalid, the application of this
charter and its provisions to other persons and circumstances shall
not be affected by such invalidity.
To the extent that a specific provision of this charter shall
conflict with a provision expressed in general terms, the specific
provision 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 and shall
be available for review by any person who requests such information
at a reasonable time. Unless an emergency exists as determined by
the mayor, no rule or regulation adopted by a city agency shall become
effective less than 5 days following the date it is so filed.
Not later than July 1, at 10-year intervals in each year ending
in a 9, the mayor, city council and school committee shall provide
for a review to be made of the city charter. This review shall be
made by a special committee to consist of 9 members, all of whom shall
be voters of the city, 4 of whom shall be appointed by the mayor,
4 of whom shall be appointed by the city council president and 1 of
whom shall be appointed by the school committee chair. Not less than
2 of the persons appointed by the city council president shall be
members of the city council. The individual appointed by the school
committee chair shall be a current or former member of the school
committee. The special committee shall file its report with the city
clerk not later than May 1 in the year following the year in which
the order to invoke the committee was approved. The recommendations
of the special committee shall appear on the city council's agenda
for action not later than June 15 in the year in which the report
is filed and if not so scheduled by the city clerk the matter shall
come before the city council for action at its next meeting held following
June 15 in that year and no other business shall be in order until
such report has been acted upon by roll call vote.
(a)
Meetings. All appointed multiple-member bodies of the city shall
meet regularly at the times and places that their own rules prescribe.
Special meetings of any multiple-member body shall be held on the
call of the chairman or by 1/3 of the members of the body by written
notice delivered in hand, via electronic mail or by first class mail
to the place of residence of each member not less than 48 hours in
advance of the time set for the meeting, excluding Saturdays, Sundays
and legal holidays; provided, however, that the written notice shall
contain notice of the subjects to be acted upon. A copy of the notice
shall also be posted on the city bulletin board. Except as may otherwise
be authorized by law, all meetings of all multiple-member bodies shall
be open to the public.
(b)
Rules and Journals. Each appointed multiple-member body shall determine
its own rules and order of business 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 city clerk and in the Melrose Public Library.
(c)
Voting. If requested by a member, a vote of an appointed multiple-member
body shall be taken by a call of the roll and the vote of each member
shall be recorded in the journal. If the vote is unanimous, only that
fact shall be recorded.
(d)
Quorum. A majority of the members of an appointed 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 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 a 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 this charter shall
refer to: (i) the General Laws of the commonwealth; (ii) laws enacted
that apply alike to all cities and towns; (iii) laws enacted that
apply alike to all cities; and (iv) laws enacted that apply to a class
of not less than 2 cities or towns or combination thereof provided
that the city is a member of the class. References to the General
Laws shall 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 laws 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 that is not a Saturday, Sunday or
legal holiday. When the period of time designated is less than 7 days,
intermediate Saturdays, Sundays and legal holidays shall not be included.
A mayor-elect, the city council members-elect and the school committee members-elect shall, on the first Monday after the first Tuesday 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 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 any oath has been taken shall be entered in the journal of the city council. In case of the absence of the mayor or mayor-elect, as the case may be, or a member-elect of the city council or school committee on the day the oath of office is administered, the oath may at any time thereafter be administered to that person. 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 city council present, the board shall organize by electing from among its number a person to serve as the president as provided in section 2-2. If the city clerk is unable to preside during this election, the city council member senior in years of service on the city council shall preside during this election. If 2 or more members are equally senior in years of service on the city council, the member senior both in years of service and age shall preside. 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, they shall organize by electing from among their number a person to serve as the chair as provided in section 4-2. If the city clerk is unable to preside during this election the member senior in years of service on the school committee shall preside during the election. If 2 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 city clerk or, in the case of the absence of the city clerk, by any person qualified to take oaths or affirmations.
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, every person who is elected,
including those elected by the city council or appointed to an office
of the city before performing any act under this appointment or election,
shall take and subscribe to an oath to qualify to enter upon the duties.
A record of this oath shall be kept by the city clerk.
No person shall simultaneously hold more than 1 full-time city
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 this charter is
faithfully followed and complied with by all city agencies and city
employees. If it appears to the mayor that any 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 this charter. If it shall appear to the city council that the
mayor is not following this charter it shall, by resolution or order,
direct the attention of the mayor to the charter provision with which
the city council believes the mayor has failed to comply. 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
that may be involved in such determination.
