(a)
Composition. There shall be a City Council of 13 members, which shall exercise the legislative powers of the City. Four of these members, to be known as "Councilors-at-Large," shall be nominated and elected by and from the voters at large. Nine of these members, to be known as "Precinct Councilors," shall be nominated and elected by the voters in each precinct, one such Precinct Councilor to be elected from each of the nine precincts into which the City is divided, in accordance with Section 7-4.
(b)
Term of office. The term of office for City Councilors shall be for
four years, beginning on the first business day of January after the
City election, and until the City Councilors' successors have
been qualified.
(c)
Eligibility. Any voter shall be eligible to hold the office of Councilor-at-Large.
A Precinct Councilor shall at the time of election be a voter of the
precinct from which elected, provided if any Precinct Councilor dies,
resigns, or removes from his or her precinct, the procedure for filling
a vacancy shall apply.
(a)
Election and term. As soon as practicable after the Councilors-elect
have been qualified following each City election or on the first business
day of the new year, the members of the City Council shall elect from
among its members a Council President who shall serve during the ensuing
year.
(b)
Powers and duties. The Council President shall preside at all meetings
of the City Council, regulate its proceedings and shall decide all
questions of order. The Council President shall appoint all members
of all committees of the City Council, whether special or standing.
The Council President shall have the same powers to vote upon all
measures coming before the City Council as any other member of the
City Council. The Council President shall perform such other duties
consistent with the office as may be provided by Charter, by ordinance
or by other vote of the City Council.
(c)
Council Vice President. The members of the City Council shall also
elect from among its members a Council Vice President who shall serve
as Acting President during the temporary absence or disability of
the Council President during the ensuing term of office. The powers
of an Acting Council President shall be limited to only those powers
of the President as may be necessary to the conduct of the business
of the City Council in an orderly and efficient manner and which may
not be delayed.
No member of the City Council shall hold any other City office
or City employment for which a salary or other emolument is payable
from the City treasury. No former member of the City Council shall
hold any compensated appointed City office or City employment until
one year following the date on which such former member's service
on the City Council has terminated. This provision shall not prevent
a City officer or other City employee who has taken a leave of absence
in order to serve as a member of the City Council from returning to
the same office or other position of City employment held at the time
such leave of absence commenced; provided, however, no such person
shall be eligible for any other municipal position until at least
one year following the termination of service as a member of the City
Council.
(a)
Salary. Each City Councilor may receive an annual salary as established
by vote of the City Council.
(b)
If the City Council sets an annual salary by ordinance, the salary
shall not take effect until four years after the effective date of
the ordinance.
(c)
Expenses. Subject to appropriation, the Council members shall be
entitled to reimbursement of their actual and necessary expenses in
the performance of their duties.
Except as otherwise provided by general law or by this Charter,
all legislative powers of the City shall be vested in the City Council,
which shall provide for their exercise and for the performance of
all duties and obligations imposed upon the City by law.
(a)
Exercise of powers. Except as otherwise provided by general law or
by this Charter, the legislative powers of the City Council may be
exercised in a manner determined by it.
(b)
Quorum. The presence of seven members shall constitute a quorum for
the transaction of business, but a smaller number may meet and adjourn
from time to time. Except as otherwise provided by general law or
by this Charter, the affirmative vote of seven members shall be required
to adopt any ordinance or appropriation order.
(c)
Rules of procedure. The City Council shall from time to time adopt
rules regulating its procedures, which shall be in addition to the
following:
1.
Regular meetings of the City Council shall be held at a time and
place fixed by ordinance.
2.
Special meetings of the City Council shall be held at the call of
the Council President, or, on the call of any five or more members,
by written notice delivered in hand or to the place of residence of
each member and which contains a listing of the items to be acted
upon. Except in case of an emergency, of which the Council President
shall be judge, such notice shall be delivered at least 48 hours in
advance of the time set for such meeting. A copy of the notice to
members shall, forthwith, be posted upon the City Bulletin Board.
3.
All sessions of the City Council and of every committee or subcommittee
thereof, shall at all times be open to the public, unless another
provision is made by law.
4.
A full, accurate, up-to-date account of the proceedings of the City
Council shall be kept, which shall include a record of each vote taken,
and which shall be made available with reasonable promptness following
each meeting.
5.
Provision shall be made for a specific portion of time to be available,
at all regular meetings of the City Council, for citizens to address
the Council.
(a)
In general. The City Council may make investigations into the affairs
of the City and into the conduct and performance of any City agency
and for this purpose may subpoena witnesses, administer oaths and
require the production of evidence.
(b)
City officers, members of City agencies, employees. The City Council
may require any City officer, member of a City agency or City employee
to appear before it to give such information as the City Council may
require in relation to the municipal services, functions, powers,
or duties which are within the scope of responsibility of such person
and within the jurisdiction of the City Council.
(c)
Mayor. The City Council may require the Mayor to provide specific
information to it on any matter within the jurisdiction of the City
Council. The City Council may require the Mayor to appear before it,
in person, to provide specific information on the conduct of any aspect
of the business of the City and to respond to written questions made
available to the Mayor at the time the demand to attend is made to
the Mayor. The Mayor may bring to such meeting any assistant, department
head or other City officer or employee the Mayor may deem necessary
to assist in responding to the questions posed by the City Council.
(d)
Notice. The City Council shall give not less than five days'
notice to any person it may require to appear before it under the
provisions of this section. The notice shall include specific questions
on which the City Council seeks information and no person called to
appear before the City Council under this section shall be required
to respond to any question not relevant or related to those presented
in advance and in writing. Notice shall be by delivery in hand, or
by registered or certified mail to the last known place of residence
of any such person.
(a)
City Auditor. The City Council may appoint a City Auditor to serve
for a term of three years and until a successor is chosen and qualified.
The City Auditor shall perform a legislative oversight and a post
audit function and shall not be involved in the day-to-day administrative
detail of the financial operations of the City. The City Auditor shall
have free access to all books, accounts, bills and vouchers of the
City and shall continuously review and examine the same. The City
Auditor shall make periodic reports thereon to the City Council, with
such frequency as the City Council by ordinance, by rule or by other
vote may direct. All officials of the City shall cooperate with the
City Auditor in the performance of this oversight function. The City
Auditor shall have such other powers and duties, as may be provided
by Charter, by ordinance or by other vote of the City Council.
(b)
City Clerk. The City Council shall elect a City Clerk to serve for
a term of three years and until a successor is chosen and qualified.
The City Clerk shall have the powers and duties relating to the keeping
of records and vital statistics, the regulation and conduct of elections,
the highway book and the issuance of licenses as are provided to city
clerks by General Laws and such additional powers and duties as may
be provided by General Laws, by Charter, by ordinance or by other
vote of the City Council.
(c)
Clerk of the Council. The City Clerk shall be the Clerk of the City
Council. The Clerk of the Council shall give notice of its meetings
to its members and to the public, keep the minutes of its proceedings
and perform such other duties as may be provided by ordinance or by
other vote of the City Council.
(a)
Emergency ordinances. No ordinance shall be passed finally on the
date it is introduced, except in case of emergency involving the health
or safety of the people or their property.
No ordinance shall be regarded as an emergency ordinance unless
the emergency is defined and declared in a preamble to the ordinance,
separately voted upon and receiving the affirmative vote of at least
nine members of the City Council.
An emergency ordinance shall stand repealed on the 61st day
following its adoption unless (1) an earlier date is specified in
the measure; (2) a second emergency measure adopted in conformity
with this section is passed extending it; or (3) a measure passed
in conformity with the procedures for measures generally has been
passed extending it.
(b)
Measures, in general. The City Council may pass a measure through
all of its stages at any one meeting, except proposed ordinances,
appropriation orders and loan authorizations, provided that no member
of the City Council objects; provided, however, that if three members
object, a vote on the measure shall be postponed to the next meeting
of the City Council.
On the first occasion that the question of adopting any measure is put to the City Council, except an emergency measure as defined in Subsection (a), if three members object to the taking of a vote, the vote shall be postponed until the next regular or special meeting of the City Council. If when the matter is next taken up for a vote five members object to the taking of the vote, the matter shall be further postponed for not less than an additional five days. This procedure shall not be used more than once for any measure notwithstanding any amendments made to the original measure.
(c)
Publication. For every proposed ordinance, appropriation order or loan authorization, except emergency ordinances as provided in Subsection (a), a complete summary shall be published once in a local newspaper and in any additional manner as may be provided by ordinance, at least five days before its final passage. After final passage, it shall be posted on the City Bulletin Board and otherwise published as may be required by ordinance. The full text of all proposed ordinances, appropriation orders and loan authorizations shall be available in the office of the City Clerk at least five days prior to final vote.
(a)
The Mayor shall submit to the City Council the name of each person
the Mayor desires to appoint as a member of a multiple-member body.
The City Council shall refer each such name as is submitted to it
to a standing committee of the City Council which shall investigate
each such candidate for appointment and shall make a report, with
recommendations, to the full City Council not less than seven nor
more than 30 days following such referral.
(b)
Appointments made by the Mayor shall become effective on the 35th day following the date on which notice of the proposed appointment was filed with the Clerk of the Council, unless the City Council shall within the said 30 days vote to reject such appointment. The votes of at least nine members shall be necessary to reject an appointment proposed by the Mayor. The question on rejection of any appointment made by the Mayor shall not be subject to the procedure of Charter objection provided in Section 2-9(b) of this Charter.
If a vacancy should occur in the Office of Precinct Councilor
or Councilor At-Large, within 90 days prior to the next Annual City
Election, it shall remain vacant until that election. Otherwise, the
Council President with the advice of the committee chairs may fill
that seat by appointing a person residing in that precinct (not applicable
for those elected at-large) for which a vacancy exists, subject to
a two-thirds vote of the Councilors present, to serve until the next
Annual City Election, at which time a person shall be elected to fill
the unexpired term.
