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deleted
136 Posts |
Posted - 10/28/2010 : 3:43:08 PM
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| Look him up he's a recruiter. |
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Tails
Administrator
2682 Posts |
Posted - 10/28/2010 : 4:27:01 PM
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I do not think they are skeptical of him, but the money to pay him. That’s what he does.
I’m not exactly sure if the money is worth it, maybe a town like Lynnfield can afford it, but I do not see the need in Everett. That said, I would like to see the charter commissions budget and what they spent already. There was only one weeks notice on the public hearing and I did not get the paper that week. That should have ran in the papers for three consecutive weeks, to give people time to plan and attend. I’m quite certain that money was most likely the issue.
My understanding is Mr. McGoldrick is there to interpret the current MGL into the new charter. I thought the solicitor was on board with this, and would offer that type of advice? That is something that I feel she can do.
I watched the public hearing and there’s not a lot of rocket science in the new proposed charter. We also have two other attorneys that work for the city. With the salaries they make…… they cant review a document and say if it’s legal or not?? I’m not seeing cooperation from the city side at all. The mayor certainly has no problem attending a public hearing to voice his opinion that his term should be four years…… but one of his “lawyers” cant give the commission the time of day to save money on a consultant??? I thought the taxpayers best interest was his priority?
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makemelaugh
Member
37 Posts |
Posted - 11/19/2010 : 2:38:06 PM
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| this is another joke, no one is going to vote for this charter, no one cause half the people have no idea what the hell it is, and who wants a four year mayor not me, we already have fat boy in office do we need another carlo down the road? Just think how much money the Council and alderman have to spend to try and save their jobs, I can see the advertising on the wall |
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massdee
Moderator
5299 Posts |
Posted - 11/19/2010 : 6:28:14 PM
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| I'm with you on this, makemelaugh. I will not be voting for the new charter as long as their is a four year term for mayor in it. I don't care who is mayor, I would not be in favor of it. I think there should be term limits for them all too. |
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Marie
Senior Member
114 Posts |
Posted - 12/02/2010 : 12:50:29 PM
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| Does the proposed charter have anything in it that a elected official cannot have a family member work for the city? If not it should. |
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snoopy1
Member
64 Posts |
Posted - 12/02/2010 : 2:49:22 PM
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| Please contact Paul Schlosberg with requests through telephone only. They are still working on the proposed charter and are still taking suggestions. I would like to offer my opinion that I am not happy with this charter or the commission and will not in good faith support it. The member’s bicker and battle like a bunch of little kids in a schoolyard. I have studied other cities and towns commissions, and they are nothing like the circus of the charter commission in Everett. I feel what ever they are paying this consultant, is a waste of money. He is not offering anything to the commission that someone with a computer could not figure out. That is laziness on the commission’s part. What has disturbed me the most is I’m hearing that city hall officials are on the charter’s email list everttcharter@comcast.net and although it is public information, it was deceitful not to divulge that information to the public. The charter commission has nothing to do with city hall. If some city official wants to go and dig up information that the public sends to the commission, then that is their prerogative. If I decide to write to the charter commission, that is between me and the commission, not DeMaria or Matt Laidlaw or Jill Barringer or better yet, Claire Laidlaw. When I voted for charter I wanted to see changes in ordinances, but instead all the mindless stuff gets done and everything that has been done to date is everything that high-end people wanted, like the 4 year term for mayor and Forestire got what he wanted for the school committee. They have a 4 year mayors term in Revere and people hate it. |
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snoopy1
Member
64 Posts |
 Posted - 01/05/2011 : 2:51:17 PM
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I wanted to comment that I am not in favor of any mayor being in control of the city clerk. That needs to be a separate entity just like church and state to give a fair balance of power. I do not like the way this charter is heading. Seems like it's all mayoral form of government, which is not good.
PUBLIC MEETING NOTICE
EVERETT CHARTER COMMISSION
Wednesday, January 5, 2011
The Everett Charter Commission will hold meetings at 6:30 P.M. in Everett City Hall, Hearing Room B, second floor, 484 Broadway, Everett Massachusetts on the following dates:
Wednesday, January 12, 2011
Wednesday, January 26, 2011
The public is invited to attend.
Please enter at the rear door of building.
Paul Schlosberg Chairman
Alfred J.F. Lattanzi Clerk
All other pervious versions are outdated.
*Still need to address city clerk and assistant city clerk in Section 2-8
Removed this language from 3-4
(a) City Officers and Department Heads - The mayor may, in writing, remove or suspend any city officer, or the head of any city department appointed by the mayor by filing a written statement, with the city clerk, setting forth in precise detail the specific reasons for the removal or suspension. A copy of the written statement shall be delivered in hand, or mailed by certified mail, postage prepaid, to the last known address of the city officer or department head. The city officer or department head may make a written reply by filing such a reply statement, with the city clerk, within 10 days after the date the statement of the mayor has been filed; but, this reply shall have no effect upon the removal or suspension unless the mayor shall so determine. The decision of the mayor in suspending or removing a city officer or a department head shall be final, it being the intention of this provision to vest all authority and to fix all responsibility for such suspension or removal solely in the mayor. The removal shall take effect 30 days after the date of filing in the office of the city clerk the notice of removal by the mayor.
Stephen McGoldrick, Deputy Director
Edward J. Collins, Jr. Center for Public Management
McCormack Graduate School of Policy Studies
University of Massachusetts Boston
Boston, MA 02125
617-287-4824
stephen.mcgoldrick@umb.edu
You must be logged in to see this link.
Everett Charter Commission
Draft Preliminary Report
January 6, 2011
1
Collins Center for Public Management
University of Massachusetts Boston
ARTICLE 1
INCORPORATION; SHORT TITLE; DEFINITIONS
SECTION 1-1: INCORPORATION
The inhabitants of the city of Everett, and as such shall have, exercise and
enjoy all the rights, powers, privileges and immunities, and shall be subject
to all the duties and obligations pertaining to and incumbent upon the said
city as a municipal corporation and as body corporate and politic.
SECTION 1-2: SHORT TITLE
This act shall be known and may be cited as the City of Everett Home Rule Charter.
SECTION 1-3: DIVISION OF POWERS
The administration of the fiscal, prudential and municipal affairs of Everett,
with the government thereof, shall be vested in an executive branch headed
by a mayor and a legislative branch consisting of a city council. The
legislative branch shall never exercise any executive power, and the
executive branch shall never exercise any legislative power.
SECTION 1-4: POWERS OF THE CITY
Subject only to express limitations on the exercise of any power or function by a municipal government in the constitution or General Laws of the commonwealth, it is the intention and the purpose of the voters of Everett through the adoption of this charter to secure for themselves and their government all of the powers it is possible to secure as fully and as completely as though each such power were specifically and individually enumerated herein.
SECTION 1-5: CONSTRUCTION
The powers of the city of Everett under this charter are to be construed liberally in favor of the city, and the specific mention of any particular power is not intended to limit th general powers of the city as stated in section 1-
SECTION 1-6: INTERGOVERNMENTAL RELATIONS
Subject only to express limitations in the constitution or general laws of the commonwealth, Everett may exercise any of its powers or perform any of its functions, and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the commonwealth or any of its agencies or political subdivisions, or with the United States government or any of its agencies.
SECTION 1-7: DEFINITIONS
Unless another meaning is clearly apparent from the manner in which the word or phrase is used, the following words and phrases as used in this charter shall have the following meanings:
(1) "Charter", this charter and any adopted amendments to it.
(2) "City", the city of Everett.
(3) "City agency", any multiple member body, any department, division, or office of the city of Everett.
(4) "City officer", when used without further qualification or description, shall mean a person having charge of an office or department of the city who in the exercise of the powers or duties of that position exercises some independent statutory authority.
(5) "Emergency", a sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action or response.
6) "Full city council", "full school committee” “full multiple member body", the entire authorized membership of the city council, school committee or other multiple member body notwithstanding any vacancy which might exist.
(7) "general laws", laws enacted which apply alike to all cities and towns, to all cities, or to a class of 2 or more cities, or cities and towns of which Everett is a member.
(8) "General Laws", the General Laws of the commonwealth of Massachusetts, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently adopted.
(9) "Initiative measure", a measure proposed by the voters through the initiative process provided under this charter.
(10) "Local newspaper", a newspaper of general circulation within Everett, with either a weekly or daily circulation.
(11) "Majority vote", when used in connection with a meeting of a multiple member body shall mean a majority of those present and voting, unless another provision is made by ordinance or by its own rules.
(12) "Measure", any ordinance, order, or other vote or proceeding adopted, or which might be adopted, by the city council or the school committee.
(13) "Multiple member body", any council, commission, committee, sub-committee or other body consisting of 2 or more persons whether elected, appointed or otherwise constituted, but not including the city council, the school committee or an advisory committee appointed by the mayor.
(14) "Organization or reorganization plan", a plan submitted by the mayor to the city council which proposes a change in the organization or the administrative structure of the city administration or organization, or a change in the way in which a municipal service, or services are delivered.
(15) "Quorum", a majority of all members of a multiple member body unless some other number is required by law or by ordinance.
(16) "Referendum measure", a measure adopted by the city council or the school committee that is protested under the referendum procedures of this charter.
(17) “Remove from the city”, when a person ceases to be domiciled within the territorial limits of the city.
(18) "Voters", registered voters of the city of Everett.
ARTICLE 2
LEGISLATIVE BRANCH
SECTION 2-1: COMPOSITION, TERM OF OFFICE 3
(a) Composition - There shall be a city council of 11 members which shall exercise the legislative powers of the city. 5 of these members, to be known as councilors-at-large, shall be nominated and elected by and from the voters at large. 6 of these members, to be known as ward councilors, shall be domiciled in the ward from which elected but shall be nominated and elected by and from the voters at large; 1 such ward councilor to be elected from each of the 6 wards into which the city is divided under section 7-7.
(b) Term of Office - The term of office for all councilors shall be for 2 years each, beginning on the first Monday in the January succeeding their election, except when said first Monday falls on a legal holiday, in which event on the following day, at no later than eight o'clock in the evening, and until their successors have been qualified.
(c) Eligibility - Any voter shall be eligible to hold the office of councilor-at- large. A ward councilor must be a voter domiciled in the ward from which election is sought. If a ward councilor or a councilor-at-large removes from the city during the term for which elected, such office shall immediately be deemed vacant and filled in the manner provided in section 2-11. If a ward councilor removes from the ward from which elected, or is removed by a (a) Composition - There shall be a city council of 11 members which shall exercise the legislative powers of the city. 5 of these members, to be known as councilors-at-large, shall be nominated and elected by and from the voters at large. 6 of these members, to be known as ward councilors, shall be domiciled in the ward from which elected but shall be nominated and elected by and from the voters at large; 1 such ward councilor to be elected from each of the 6 wards into which the city is divided under section 7-7.
(b) Term of Office - The term of office for all councilors shall be for 2 years each, beginning on the first Monday in the January succeeding their election, except when said first Monday falls on a legal holiday, in which event on the following day, at no later than eight o'clock in the evening, and until their successors have been qualified.
(c) Eligibility - Any voter shall be eligible to hold the office of councilor-at- large. A ward councilor must be a voter domiciled in the ward from which election is sought. If a ward councilor or a councilor-at-large removes from the city during the term for which elected, such office shall immediately be deemed vacant and filled in the manner provided in section 2-11. If a ward councilor removes from the ward from which elected, or is removed by a change in ward lines, and less than 6 months of the term remain, the ward councilor who remains a resident of the city may continue to serve during the term for which elected.
SECTION 2-2: PRESIDENT
(a) Election and Term - As soon as practicable after the councilors-elect have been qualified following each biennial election, as provided in section 9-11, the members of the city council shall elect from among its members a president who shall serve for 1 year. The method of election of the president shall be prescribed within the rules of the city council.
(b) Powers and Duties - The president shall preside at all meetings of the city council, regulate its proceedings and shall decide all questions of order. The president shall appoint all members of all committees of the city council, whether special or standing. The 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 president shall perform any other duties consistent with the office that may be provided by charter, by ordinance or by other vote of the city council.
SECTION 2-3: PROHIBITIONS
(a) Holding Other City Office or Position - No member of the city council shall hold any other city office or city employment. No former member of the city council shall hold any compensated appointed city office or appointed city employment until 1 year following the date on which the former member's service on the city council has terminated. This provision shall not prevent a city officer or other city employee who has vacated a position 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 the position was vacated, but no such person shall be eligible for any other municipal position until at least 1 year following the termination of service as a member of the city council.
(b) Interference with Administration - No city council or any member of the city council shall give orders or directions to any officer or employee of the city appointed by the mayor, either publicly or privately.
(c) Felony Conviction – Any person who has been finally convicted of a state or federal felony shall not be eligible to petition for, or serve in, any elective or appointive office or position under the city. Any councilor who has been finally convicted of a state or federal felony shall be deemed to have vacated said office and shall be disqualified from serving in any other elective or appointive office or position under the city.
SECTION 2-4: COMPENSATION; BENEFITS; EXPENSES
(a) Compensation - The members of the city council shall receive such salary for their services as may from time to time be set by ordinance. No ordinance increasing the salary of councilors shall be effective unless it shall have been adopted by a 2/3 vote of the full city council during the first 18 months of the term for which the city council is elected and unless it provides that the salary increase is to take effect upon the organization of the city government following the next municipal election. No member of the city council shall be eligible to participate in the city’s group health or life insurance programs. Subject to appropriation, council members shall be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their duties. Actual and necessary expenses shall be defined within the council’s rules and regulations.
SECTION 2-5: GENERAL POWERS
Except as otherwise provided by general law or by this charter, all 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.
SECTION 2-6: EXERCISE OF POWERS; QUORUM; RULES
(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 6 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, he affirmative vote, taken by roll call vote, of 8 members shall be required to adopt an appropriation order. Except as otherwise provided by law or this charter, the affirmative vote, taken by roll call vote, of a majority of the full city council shall be required to adopt any ordinance.
(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:
(i) Regular meetings of the city council shall be held at a time and place fixed by ordinance. All regular meetings of the city council shall provide for a period of public comment, provided however, the city council may promulgate rules that regulate such period of public commend as deemed appropriate.
(ii) Special meetings of the city council shall be held at the call of the president or at the call of any 5 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 president shall be judge, this notice shall be delivered at least 48 weekday hours in advance of the time set for such meeting. A copy of the notice to members shall immediately be posted in accordance with law. (iii) All sessions of the city council and of every committee or subcommittee
of the council shall at all times be open to the public unless another provision is made by law.
(iv) A full, accurate, up-to-date account of the proceedings of the city council shall be kept by the city clerk, which shall include a record of each vote taken, and which shall be made available with reasonable promptness following each meeting. Unless otherwise provided by law, the minutes of any executive session shall be made available as soon as their publication would not defeat the lawful purposes of the executive session.
SECTION 2-7: ACCESS TO INFORMATION
(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.
(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 any information that the city council may require in relation to the municipal services, functions, powers, or duties which are within the scope of responsibility of that 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.
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 a minimum of 3 day’s 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.
SECTION 2-8: APPOINTMENTS OF THE CITY COUNCIL
The disposition of Chapter 8 of the Acts of 1926 needs to be addressed:
The city clerk and the assistant city clerk of the City of Everett, and their successors in office, shall hold office continuously during good behavior unless incapacitated by physical or mental disability from performing the duties of their respective offices; provided, that the city council may, subject to the provisions of law governing the removal of civil service employees, remove any incumbent of either of said offices. Any vacancy in the office of city clerk or assistant city clerk in said city shall be filled by election by the city council voting by ballot.
The city council shall biennially in January of the year following a municipal election vote, by a majority vote of the full city council, elect a clerk of committees, who shall hold office for 2 years, from no later than the first day of March in the year of his election, and until a successor is qualified, unless sooner removed. The clerk of committees shall receive such compensation as the city council may from time to time determine. The clerk of committees shall keep full and accurate records of the doings of the several committees of the city council, and shall perform such other duties as may be required of the clerk by the city council.
SECTION 2-9: ORDINANCES AND OTHER MEASURES
(a) Measures- No measure shall be passed finally on the date on which it is introduced, except in the case of an emergency. Except as otherwise provided by the charter, every adopted measure shall become effective at the expiration of thirty days after adoption or at any other date specified therein. No ordinance shall be amended or repealed except by another ordinance adopted in accordance with the charter, or as provided in the initiative and referendum procedures.
(b) Emergency Measures- An emergency measure shall be introduced in the form and manner prescribed for measures generally except that it shall be plainly designated as an emergency measure and shall contain statements after the enacting clause declaring that an emergency exists and describing its scope and nature in clear and specific terms. A preamble, which declares and defines the emergency shall be separately voted on and shall require the affirmative vote of 2/3 of the city council. An emergency measure may be passed with or without amendment or rejected at the meeting at which it is introduced. No measure making a grant, renewal or extension, whatever its kind or nature, or a franchise or special privilege shall be passed as an emergency measure, and except as provided by the laws of the Commonwealth, no such grant, renewal or extension shall be made otherwise than by ordinance. After its adoption, an emergency measure shall be published as prescribed for other adopted measures. An emergency measure shall become effective upon adoption or at such later time as it may specify.
(c) Charter Objection- On the first occasion that the question on adoption of a measure is put to the city council, if a single member objects to the taking of the vote, the vote shall be postponed until the next meeting of the city council whether regular or special. If 2 members shall object, such postponement shall be until the next regular meeting; but for an emergency measure at least 4 members, in all, must object. This procedure shall not be used more than once for any matter bearing a single docket number not withstanding any amendment to the original matter. A charter objection shall have privilege over all motions but must be raised prior to or at the call for a vote by the presiding officer and all debate shall cease.
SECTION 2-10: CITY COUNCIL CONFIRMATION OF CERTAIN
APPOINTMENTS
The mayor shall submit to the city council the name of each person the mayor desires to appoint to any city office as a department head or as a member of a multiple-member body, but not including any position which is subject to the civil service law. The city council may refer each name submitted to it to a standing committee of the council which shall review each candidate for appointment and may make a recommendation to the full city council not less than 7 nor more than 45 days after the referral. The committee may require any person whose name has been referred to it to appear before the committee, or before the city council, to give any information relevant to the appointment that the committee, or the city council, may require. Appointments made by the mayor shall become effective on the forty-fifth day after the date on which notice of the proposed appointment was filed with the city clerk unless approved or rejected by the city council within the 45 days.
SECTION 2-11: FILLING OF VACANCIES
If a vacancy occurs in the office of city councilor, whether by failure to elect or otherwise, the remaining councilors shall, within thirty days following the date of such vacancy, act to fill said vacancy. The city council shall fill the vacancy for the remainder of the unexpired term by choosing the defeated candidate for said seat from the last regular city election; provided, however, that the defeated candidate shall have received at least 20 percent of the total ballots cast for the particular seat being vacated. For the purpose of this section, the 20 percent minimum threshold shall be calculated as a ratio of ballots cast for the particular office being vacated to votes obtained by the defeated candidate. If there was no other candidate for said office or the defeated candidate shall not have received at least 20 percent of the total ballots cast, the city council shall at its discretion choose an individual, who may be the defeated candidate, from among the voters entitled to vote for such office to serve for the remainder of the unexpired term. In such an instance, the city clerk shall post notice of the vacancy at least 14 days prior to the meeting at which the council shall act to fill the vacancy. Any person so chosen shall take the oath of office and commence to serve forthwith. Persons serving as councilor under this section shall not be entitled to have the words “candidate for re-election” printed against their names on the election ballot. No vacancy shall be filled, in the manner herein provided, if a regular city election is to be held within 90 days following the date the vacancy is declared to exist.
ARTICLE 3
EXECUTIVE BRANCH
SECTION 3-1: MAYOR: QUALIFICATIONS; TERM OF OFFICE;
COMPENSATION; PROHIBITIONS
a) Mayor, Qualifications - The chief executive officer of the city shall be mayor, elected by and from the voters of the city at large. Any Everett voter shall be eligible to hold the office of mayor.
(b) Term of Office - The term of office of the mayor shall be 4 years beginning on the first Monday in the January succeeding his election, except when said first Monday falls on a legal holiday, in which event on the following day, at no later than eight o'clock in the evening, and until his successor has been qualified.
(c) Compensation - The city council shall, by ordinance, establish an annual salary for the mayor. No ordinance increasing the salary of the mayor shall be effective unless it shall have been adopted by a 2/3 vote of the full city council during the first 18 months of the term for which the city council is elected and unless it provides that the salary increase is to take effect upon the organization of the city government following the next municipal election. Subject to appropriation, the mayor shall be entitled to reimbursement of his actual and necessary expenses incurred in the performance of his duties.
(d) Prohibitions - The mayor shall hold no other city office or city
employment for which a salary or other emolument is payable from the city treasury. No former mayor shall hold any compensated appointed city office or city employment until 1 year following the date on which the former mayor's city service has terminated. This provision shall not prevent a city officer or other city employee who has vacated a position in order to serve as mayor from returning to the same office or other position of city employment held at the time the position was vacated, if such position exists, but no such person shall be eligible for any other municipal position until at least 1 year after the termination of service as mayor. This prohibition shall not apply to persons covered under the leave of absence provisions of the state’s civil service law.
(e) Felony Conviction – Any person who has been finally convicted of a state or federal felony shall not be eligible to petition for or serve in any elective or appointive office or position under the city. Any mayor who has been finally convicted of a state or federal felony shall be deemed to have vacated said office and shall be disqualified from serving in any other elective or appointive office or position under the city.
SECTION 3-2: EXECUTIVE POWERS; ENFORCEMENT OF ORDINANCES
The executive powers of the city shall be vested solely in the mayor and may be exercised by the mayor either personally or through the several city agencies under the general supervision and control of the office of the mayor. The mayor shall cause the charter, the laws, the ordinances and other orders for the government of the city to be enforced, and shall cause a record of all official acts of the executive branch of the city government to be kept. The mayor shall exercise general supervision and direction over all city agencies, unless otherwise provided by law or by this charter. Each city agency shall furnish to the mayor, immediately upon request, any information, materials or otherwise as the mayor may request and as the needs of the office of mayor and the interest of the city may require. The mayor shall supervise, direct and be responsible for the efficient administration of all city activities and functions placed under the control of the mayor by law or by this charter. The mayor shall be responsible for the efficient and effective coordination of the activities of all agencies of the city and for this purpose shall have authority, consistent with law, to call together for consultation, conference and discussion at reasonable times all persons serving the city, whether elected directly by the voters, chosen by persons elected directly by the voters, or otherwise. The mayor shall be, by virtue of the office, a member of every appointed multiple member body of the city. The mayor shall have a right, as an ex officio member, to attend any meeting of any appointed multiple member body of the city, at any time, including executive sessions, to participate in the discussions, to make motions and to exercise every other right of a regular member of such body, but not including the right to vote.
SECTION 3-3: APPOINTMENTS BY THE MAYOR
The mayor shall appoint, subject to the confirmation of such appointments by the city council under section 2-10, all city officers and department heads and the members of multiple-member bodies for whom no other method of appointment or selection is provided by law or this charter, excepting only persons serving under the school committee, and persons serving under the city council. All appointments to multiple-member bodies shall be for terms established under section 5-1. Upon the expiration of the term of any member of a multiple member body, a successor shall be appointed in like manner. The mayor shall fill any vacancy for the remainder of the unexpired term of any member of a multiple member body. All persons classified as department heads shall, subject to the consent of the mayor, appoint, promote and discipline all assistants, subordinates and other employees of the agency for which that person is responsible. All appointments and promotions made by the mayor shall be made on the basis of merit and fitness demonstrated by examination, past performance or by other evidence of competence and suitability. Each person appointed to fill an office or position shall be a person especially fitted by education, training and previous work experience to perform the duties of the office or position for which chosen.
SECTION 3-4: REMOVAL OR SUSPENSION OF CITY EMPLOYEES
Unless some other procedure is specified in a collective bargaining agreement or by civil service law, a department head may suspend or remove any assistant, subordinate or other employee of the agency for which that person is responsible. The decision of the department head to suspend or remove any assistant, subordinate or other employee shall be subject to review by the mayor. A person for whom a department head has determined a suspension or removal is appropriate may seek review of this determination by the mayor by filing a petition for review, in the office of the mayor, in writing, within 10 days following receipt of notice of this determination. The decision of the mayor shall be final, it being the intention of this provision to vest all authority and to fix all responsibility for suspension or removal solely in the mayor. Nothing in this section shall be construed to be a bar to any other review as may be provided by law.
SECTION 3-5: TEMPORARY APPOINTMENTS TO CITY OFFICES
Whenever a vacancy, either temporary or permanent, occurs in a city office and the needs of the city require that the vacancy be filled, the mayor may designate the head of another city agency or a city officer or city employee or some other person to perform the duties of the office on a temporary basis until the position can be filled as otherwise provided by law or by this charter. The mayor shall file a certificate in substantially the following form, with the city clerk, whenever a person is designated under this section:
I designate (name of person) to perform the duties of the office of
(Designate office in which vacancy exists) on a temporary basis until the office can be filled by (here set out the regular procedure for filling the vacancy, or when the regular officer shall return).
I certify that said person is qualified to perform the duties which will be required and that I make this designation solely in the interests of the city of Everett.
(signed)
Mayor
Persons serving as temporary officers under this section shall have only those powers of the office essential to the performance of the duties of the office during the period of the temporary appointment. Notwithstanding any general or special law to the contrary, no temporary appointment shall be for more than 90 days, but not more than two 30-day extensions of a temporary appointment may be made when a permanent vacancy exists in the office.
SECTION 3-6: COMMUNICATIONS; SPECIAL MEETINGS
(a) Communications to the City Council - The mayor shall, from time to time, by written communications, recommend to the city council for its consideration such measures as, in the judgment of the mayor, the needs of the city require. The mayor shall, from time to time, by written communication, but no less than quarterly, keep the city council fully informed of the financial and administrative condition of the city and shall specifically indicate in such reports any financial or administrative issues facing the city.
(b) Special Meetings of the City Council - The mayor may at any time call a special meeting of the city council, for any purpose, by causing a notice of the meeting to be delivered in hand or to the place of business or residence of each member of the city council. This notice shall, except in an emergency of which the mayor shall be the sole judge, be delivered at least 48 weekday hours in advance of the time set and shall specify the purpose or purposes for which the meeting is to be held. A copy of each such notice shall be posted in accordance with law.
SECTION 3-7: APPROVAL OF MAYOR, EXCEPTION (VETO)
Every order, ordinance or vote adopted or passed by the city council relative to the affairs of the city, except memorial resolutions, the selection of city officers or employees by the city council and any matters relating to the internal affairs of the city council, shall be presented to the mayor for approval. If the mayor approves of the measure, the mayor shall sign it; if the mayor disapproves of the measure, the mayor shall return the measure, with the specific reason or reasons for such disapproval attached to it, in writing, to the city council. The city council shall enter the objections of the mayor on its records, and not sooner than 10 days, nor later than 30 days from the date of its return to the city council, shall again consider the same measure. If the city council, notwithstanding the disapproval by the mayor, shall again pass the order, ordinance, resolution or vote by a 2/3 vote of the full council, it shall then be deemed in force, notwithstanding the failure of the mayor to approve it. If the mayor has neither signed a measure nor returned it to the city council within 10 days following the date it was presented to the mayor, the measure shall be deemed approved and in force.
SECTION 3-8: TEMPORARY ABSENCE OF THE MAYOR
(a) Acting Mayor - Whenever, by reason of sickness, absence from the city or other cause, the mayor shall be unable to perform the duties of the office, the president of the city council shall be the acting mayor.
(b) Powers of Acting Mayor - The acting mayor shall have only those powers of the mayor that are essential to the conduct of the business of the city in an orderly and efficient manner and on which action may not be delayed. The acting mayor shall have no authority to make any permanent appointment or removal of any individual from city service unless the disability of the mayor shall extend beyond 60 days, nor shall an acting mayor approve or disapprove of any measure adopted by the city council unless the time within which the mayor must act would expire before the return of the mayor. During any period in which any member of the city council is serving as acting mayor, that councilor shall not vote as a member of the city council.
SECTION 3-9: DELEGATION OF AUTHORITY BY MAYOR
The mayor may authorize any subordinate officer or employee of the city to exercise any power or perform any function or any duty which is assigned by this charter, or otherwise, to the mayor, and the mayor may rescind or revoke any such authorizations previously made, but all acts performed under any such delegation of authority during a period of authorization shall be and remain the acts of the mayor. Nothing in this section shall be construed to authorize a mayor to delegate his power of appointment to any city office or employment or to sign or return measures approved by the city council.
SECTION 3-10: VACANCY IN OFFICE OF MAYOR
(a) Special Election - If a vacancy in the office of mayor occurs during the first 2 years of the term for which the mayor is elected, whether by reason of death, resignation, removal from office, incapacity, or otherwise, the city council shall immediately, in the manner provided in section 7-1, order a special election to be held within 90 days following the date the vacancy is created, to fill the vacancy for the balance of the then unexpired term. If a regular city election is to be held within 120 days following the date the vacancy is created a special election need not be held and the position shall be filled by vote at such regular election.
(b) President of City Council To Serve As Mayor - If a vacancy in the office of mayor occurs in the third or fourth year of the term for which the mayor is elected, whether by reason of death, resignation, removal from office, or otherwise, the president of the city council shall become the mayor. Upon the qualification of the president of the city council as the mayor, under this section, a vacancy shall exist in that seat on the city council, which shall be filled in the manner provided in section 2-11. A president serving as mayor under this subsection, who subsequently stands for office, as mayor shall not be entitled to have the words "candidate for re-election" printed against their name on the election ballot.
(c) Powers, Term of Office - The mayor elected under Section 3-10(a) or (b) shall have all the powers of the mayor. A person elected under subsection
(a), shall serve for the balance of the term unexpired at the time of election to the office. A person chosen under subsection (b), shall serve until the time of the next regular election at which time the person elected to fill the office for the ensuing term of office shall serve, in addition, for the balance of the then unexpired term.
ARTICLE 4
SCHOOL COMMITTEE
SECTION 4-1: SCHOOL COMMITTEE
(a) Composition, Term of Office - There shall be a school committee which shall consist of 9 members. 3 of these members, to be known as school committee members-at-large, shall be nominated and elected by and from the voters at large. 6 of these members, to be known as ward school committee members, shall be domiciled in the ward from which elected but shall be nominated and elected by and from the voters at large; 1 such ward school committee member to be elected from each of the 6 wards into which the city is divided under section 7-7. The mayor shall serve as an ex-officio non-voting member of the school committee.
(b) Term of Office - The term of office for school committee members shall be for two years each beginning on the first Monday in the January succeeding their election, except when said first Monday falls on a legal holiday, in which event on the following day, at no later than eight o'clock in the evening, and until their successors have been qualified.
(c) Eligibility - Any voter shall be eligible to hold the office of school
committee member -at-large. A ward school committee member must be a voter domiciled in the ward from which election is sought. If a ward school committee member or a school committee member-at-large removes from the city during the term for which elected, such office shall immediately be deemed vacant and filled in the manner provided in section 4-6. If a ward school committee member removes from the ward from which elected, or is removed by a change in ward lines, and less than 6 months of the term remain, the ward school committee member who remains a resident of the city may continue to serve during the term for which elected.
SECTION 4-2: SCHOOL COMMITTEE CHAIR
(a) Election and Term - As soon as practicable after the school committee members-elect have been qualified following each biennial city election, as provided in section 9-11, the school committee shall organize by electing 1 of the persons elected to the office of school committee member to serve as school committee chair.
(b) Powers and Duties - The school committee chair shall preside at all meetings of the school committee, regulate its proceedings and decide all questions of order. The school committee chair shall appoint all members of all sub-committees of the school committee, whether special or standing. The school committee chair shall have the same powers to vote upon all measures coming before the school committee as any other member of the school committee. The school committee chair shall perform such other duties consistent with the office as may be provided by this charter or by vote of the school committee. (c) School Committee meetings – Except in the case of an emergency, the school committee shall not meet on the same day as a regular city council meeting.
SECTION 4-3: PROHIBITION
(a) Holding Other City Office or Employment - No member of the school committee 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 school committee shall hold any compensated appointed city office or city employment until 1 year following the date on which the member's service on the school committee has terminated. This provision shall not prevent a city officer or other city employee who has vacated a position in order to serve as a member of the school committee from returning to the same office or other position of city employment held at the time the position was vacated, but no such person shall be eligible for any other municipal position until at least 1 year following the termination of service as a member of the school committee.
(b) Felony Conviction – Any person who has been finally convicted of a state or federal felony shall not be eligible to petition for or serve in any elective or appointive office or position under the city. Any school committee member who has been finally convicted of a state or federal felony shall be deemed to have vacated said office and shall be disqualified from serving in any other elective or appointive office or position under the city.
SECTION 4-4: COMPENSATION; BENEFITS; EXPENSES
The members of the school committee shall receive such salary for their services as may from time to time be set by ordinance. No ordinance increasing the salary of school committee members shall be effective unless it shall have been adopted by a 2/3 vote of the full city council during the first 18 months of the term for which the school committee is elected and unless it provides that the salary increase is to take effect upon the organization of the city government following the next municipal election. No member of the school committee shall be eligible to participate in the city’s group health or life insurance programs. Subject to appropriation, school committee members shall be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their duties. Actual and necessary expense shall be defined in the school committee’s rules and regulations.
SECTION 4-5: POWERS AND DUTIES
The school committee shall have all powers which are conferred on school committees by general laws and such additional powers and duties as may be provided by the charter, by ordinance, and/or otherwise and not inconsistent with the grant of powers conferred by general laws. The powers and duties of the school committee shall include the following:
(1) To elect a superintendent of the schools who shall be charged with the administration of the school system, subject only to policy guidelines and directives adopted by the school committee and, upon the recommendation of the superintendent, to establish and appoint assistant or associate superintendents as provided in by law.
(2) To make all reasonable rules and regulations for the management of the public school system and for conducting the business of the school committee as may be deemed necessary or desirable.
(3) To adopt and to oversee the administration of an annual operating
budget for the school department, subject to appropriation by the city
council. The school committee shall have general charge and
superintendence of all school buildings and grounds and shall furnish all school buildings with proper fixtures, furniture and equipment. The school committee shall provide ordinary maintenance of all school buildings and grounds; unless a central municipal maintenance department which may include maintenance of school buildings and grounds is established in accordance with law. Whenever the school committee shall determine that additional classrooms are necessary to meet the educational needs of the community, at least 1 member of the school committee, or a designee of the school committee, shall serve on the agency, council or committee to which the planning or construction of such new, remodeled or renovated school building is delegated.
SECTION 4-6: FILLING OF VACANCIES
(a) Runner-Up to Fill Vacancy - If a vacancy occurs in the office of school committee member, whether by failure to elect or otherwise, the remaining school committee members shall, within thirty days following the date of such vacancy, act to fill said vacancy. The school committee shall fill the vacancy for the remainder of the unexpired term by choosing the defeated candidate for said seat from the last regular city election; provided, however, that the defeated candidate shall have received at least 20 percent of the total ballots cast for the particular seat being vacated. For the purpose of this section, the 20 percent minimum threshold shall be calculated as a ratio of ballots cast for the particular office being vacated to votes obtained by the defeated candidate. Any person so chosen shall take the oath of office and commence to serve forthwith. Persons serving as school committee member under this section shall not be entitled to have the words “candidate for re-election” printed against their names on the election ballot. No vacancy shall be filled, in the manner herein provided, if a regular city election is to be held within 90 days following the date the vacancy is declared to exist.
(b) Filling of Vacancies By City Council and School Committee - Whenever a vacancy shall occur in the office of school committee member and there is no available candidate to fill the vacancy in the manner provided in section 4-6 (a), the president of the city council shall, within 30 days following the date of the vacancy, call a joint meeting of the city council and the school committee to act to fill the vacancy. Persons elected to fill a vacancy by the city council and school committee shall serve only until the next regular election at which time the vacancy shall be filled by the voters and the person chosen to fill the vacancy shall immediately be sworn and shall serve for the remainder of the unexpired term in addition to the term for which elected. Persons serving as school committee members under this section shall not be entitled to have the words "candidate for reelection" printed against their names on the election ballot.
ARTICLE 5
ADMINISTRATIVE ORGANIZATION
SECTION 5-1: ORGANIZATION OF CITY AGENCIES
The organization of the city into operating agencies for the provision of
18 services and the administration of the government may be accomplished only through an administrative order filed with the city council by the mayor. No administrative order may originate with the city council. The mayor may, subject only to express prohibitions in a general law or this charter, propose to reorganize, consolidate or abolish any city agency, in whole or in part, or to establish such new city agencies as is deemed necessary, but no function assigned by this charter to a particular city agency may be discontinued or assigned to any other city agency unless this charter specifically so provides. The mayor may from time to time prepare and submit to the city council administrative orders that establish operating divisions for the orderly, efficient or convenient conduct of the business of the city. These administrative orders shall be accompanied by a message of the mayor which explains the benefits expected to ensue and advises the city council if any provision of an administrative order shall require amendments, insertions, revisions, repeal or otherwise of existing ordinances. Whenever the mayor proposes an administrative order, the city council shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the proposal and the time and place at which the public hearing will be held, not less than 7 nor more than 14 days following said publication. An organization or reorganization plan shall become effective at the expiration of 60 days following the date the proposal is submitted to the city council unless the city council shall, by a majority vote, within such period vote to disapprove 20 he plan. The city council may vote only to approve or to disapprove the plan and may not vote to amend or to alter it.
SECTION 5-2: MERIT PRINCIPLES
All appointments and promotions of city officers and employees must be made on the basis of merit and fitness demonstrated by examination, past performance or by other evidence of competence and suitability. Each person appointed to fill an office or position shall be a person especially fitted by education, training and previous work experience to perform the duties of the office or position for which chosen.
ARTICLE 6
FINANCE AND FISCAL PROCEDURES
SECTION 6-1: FISCAL YEAR
The fiscal year of the city shall begin on the first day of July and shall end on the last day of June, unless another period is required by general law.
SECTION 6-2: ANNUAL BUDGET POLICY
The mayor shall call a joint meeting of the city council and school
committee, to include the superintendent of schools, before the
commencement of the budget process to review the financial condition of the city, revenue and expenditure forecasts, and other relevant information prepared by the mayor in order to develop a coordinated budget.
SECTION 6-3: SUBMISSION OF OPERATING BUDGET; BUDGET
MESSAGE
At least 45 days before the beginning of the fiscal year, the mayor shall submit to the city council a proposed operating budget for all city agencies, which shall include the school department, for the ensuing fiscal year with an accompanying budget message and supporting documents. The budget message submitted by the mayor shall explain the operating budget in fiscal terms and in terms of work programs for all city agencies. It shall outline the proposed fiscal policies of the city for the ensuing fiscal year, describe important features of the proposed operating budget and indicate any major variations from the current operating budget, fiscal policies, revenues and expenditures together with reasons for these changes. The proposed operating budget shall provide a complete fiscal plan of all city funds and activities and shall be in the form the mayor deems desirable. The school budget, as adopted by the school committee shall be submitted to the mayor at least 30 days before the submission of the proposed operating budget to the city council. The mayor shall notify the school committee of the date by which the proposed budget of the school committee shall be submitted to the mayor. The mayor and the superintendent of schools shall coordinate the dates and times of the school committee's budget process under the laws of the Commonwealth.
SECTION 6-4: ACTION ON THE OPERATING BUDGET
a) Public Hearing - The city council shall publish in at least 1 newspaper of general circulation in the city a notice of the proposed operating budget as submitted by the mayor. The notice shall state (1) the times and places where copies of the entire proposed operating budget are available for inspection by the public, and (2) the date, time and place not less than 14 days after its publication, when a public hearing on the proposed operating budget will be held by the city council.
(b) Adoption of the Budget - The city council shall adopt the proposed
operating budget, with or without amendments, within 45 days following the date the proposed budget is filed with the city clerk. In amending the proposed operating budget, the city council may delete or decrease any amounts except expenditures required by law, but except on the recommendation of the mayor, the city council shall not increase any item in or the total of the proposed operating budget, unless otherwise authorized by the general laws. If the city council fails to take action on any item in the proposed operating budget within 45 days after its receipt, that amount shall, without any action by the city council, become a part of the appropriations for the year, and be available for the purposes specified.
SECTION 6-5: CAPITAL IMPROVEMENT PROGRAM
a) Submission - The mayor shall submit a capital improvement program to the city council at least 120 days before the start of each fiscal year. The capital improvement program shall include:
(1) a clear and concise general summary of its contents;
(2) a list of all capital improvements proposed to be undertaken during the next ensuing 5 years, with supporting information as to the need for each capital improvement;
(3) cost estimates, methods of financing and recommended time schedules for each improvement; and,
(4) the estimated annual cost of operating and maintaining each facility and piece of major equipment involved.
This information is to be annually revised by the mayor with regard to the capital improvements still pending or in the process of being acquired, improved or constructed.
(b) Public hearing - The city council shall publish in at least one newspaper of general circulation in the city a notice stating: (1) the times and places where entire copies of the capital improvements program are available for inspection by the public; and, (2) the date, time and place not less than fourteen days after such publication, when a public hearing on said plan will be held by the city council.
(C) Adoption - At any time after the public hearing but before the first day of the last month of the current fiscal year, the city council shall by order adopt the capital improvements program with or without amendment, provided that each amendment must be voted separately and that any increase in the capital improvements program as submitted must clearly identify the method of financing proposed to accomplish such increase.
SECTION 6-6: INDEPENDENT AUDIT
The city council shall annually provide for an outside audit of the books and accounts of the city to be made by a certified public accountant, or a firm of certified public accountants, which has no personal interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The mayor shall annually provide to the city council a sum of money sufficient to satisfy the estimated cost of conducting the audit as presented to the mayor, in writing, by the city council. The award of a contract to audit shall be made by the city council on or before September fifteenth of each year. The clerk of committees shall coordinate the work of the individual or firm selected. The report of the audit shall be filed in final form with the city council not later than March first in the year following its award.
SECTION 6-7: EXPENDITURES IN EXCESS OF APPROPRIATIONS
Except as otherwise may be provided by law, no official of the city of Everett shall knowingly and intentionally expend in any fiscal year any sums in excess of the appropriations, awards, grants or gifts, duly made in accordance with law, or involve the city in any contract for the future payment of money in excess of these appropriations, awards, grants or gifts. It is the intention of this section that section 31 of chapter 44 of the General Laws shall be strictly enforced. Any official who violates this section shall be personally liable to the city for any amounts so expended to the extent that the city does not recover these amounts from the person to whom the sums were paid.
ARTICLE 7
ELECTIONS
SECTION 7-1: PRELIMINARY ELECTION FOR MAYOR
A preliminary election for the purpose of nominating candidates for mayor shall be held on the third Tuesday in September in each odd-numbered year in which a mayor is to be elected, but the city clerk may, with the approval of the city council, reschedule this election to the fourth Tuesday to avoid a conflict with any civil or religious holiday. Whenever a special election to fill a vacancy in the office of mayor is to be held, a preliminary election shall be conducted, if necessary, 28 days before the date established for the special election.
SECTION 7-2: PRELIMINARY ELECTION FOR CITY COUNCIL AND
SCHOOL COMMITTEE
A preliminary election for the purpose of nominating candidates for city
councilors and school committee members are to be elected shall be held on the third Tuesday in September in each odd-numbered year in which a city councilor or school committee member is to be elected, but the city clerk may, with the approval of the city council, reschedule this election to the fourth Tuesday to avoid a conflict with any civil or religious holiday.
SECTION 7-3: PRELIMINARY ELECTION PROCEDURES
(a) Signature Requirements - The number of signatures of voters required to place the name of a candidate on the official ballot to be used at a preliminary election shall be as follows: for the office of mayor not less than five hundred such certified signatures, provided, however, that at least twenty-five signatures must be certified from each ward; for the office of councilor-at-large, ward councilor, school committee member at large or ward school committee member, not less than two hundred fifty such certified signatures. Signatures of voters shall be made on a form prescribed by the board of registrars of voters and shall be made available no earlier than April 2 in each preliminary election year. Said forms must be submitted to the city clerk on or before 4 o’clock in the afternoon on the forty-fifth day prior to such preliminary election. An individual may appear on the ballot for only one office at any preliminary or general municipal election.
(b) Ballot Position - The order in which names of candidates for each office appear on the ballot shall be determined by a drawing, by lot, conducted by the city clerk at least 40 days before the election. Such drawing shall be open to the public.
(c) Determination of Candidates - The 2 persons receiving at a preliminary election the highest number of votes for nomination for office shall be the sole candidates for that office whose names shall be printed on the official ballots to be used at the regular general city election at which the office is to be voted upon, and no acceptance of a nomination shall be necessary as its validity. If the preliminary election results in a tie vote among candidates for nomination receiving the lowest number of votes which, but for the tie vote, would entitle a person receiving the same to have his name printed on the official ballots for the election, all candidates participating in the tie vote shall have their names printed on the official ballots, even though the ballots will have a number of candidates exceeding twice the number to be elected.
(d) Condition Making Preliminary Unnecessary - If at the expiration of time for filing statements of candidates to be voted upon at any preliminary election not more than twice as many such statements have been filed with the city clerk for an office as candidates are to be elected to such office, the candidates whose statements have been filed with the city clerk shall be deemed to have been nominated to such office, and their names shall be voted upon for such office at the succeeding general election, and the city clerk shall not print their names on the ballots to be used at said preliminary election and no other nomination to such office shall be made.
SECTION 7-4 GENERAL ELECTIONS
The regular general city election shall be held on the first Tuesday following the first Monday in November in each odd-numbered year.
SECTION 7-5: BALLOT POSITION, REGULAR CITY ELECTION
The order in which names of candidates for each office appear on the ballot for each office shall be determined by a drawing, by lot, conducted by the city clerk at least 40 days before the election. Such drawing shall be open to the public.
SECTION 7-6: NON-PARTISAN ELECTIONS
All elections for city offices shall be non-partisan, and election ballots shall be printed without any party mark, emblem, or other designation.
SECTION 7-7: WARDS
The territory of the city shall be divided into 6 wards so established as to consist of as nearly an equal number of inhabitants as it is possible to achieve based on compact and contiguous territory, bounded as far as possible by the center line of known streets or ways or by other well-defined limits. Each such ward shall be composed of voting precincts established in accordance with general laws. The city council shall from time to time, but at least once in each 10 years, review these wards to insure their uniformity in number of inhabitants.
SECTION 7-8: APPLICATION OF STATE GENERAL LAWS
Except as otherwise expressly provided in this charter and authorized by law, all city elections shall be governed by the laws of the Commonwealth relating to the right to vote, the registration of voters, the nomination of candidates, voting places, the conduct of preliminary, general and special elections, the submission of charters, charter amendments and other propositions to the voters, the counting of votes, the recounting of votes, and the determination of results.
CITIZEN PARTICIPATION MECHANISMS
SECTION 8-1 FREE PETITION
The city council or the school committee shall hold a public hearing and act with respect to every petition which is addressed to it, which is signed by 100 or more voters, and which seeks the passage of a measure. The hearing shall be held by the city council or the school committee and the action by the city council or the school committee shall be taken not later than 6 weeks after the petition is filed with the city clerk or the secretary of the school committee. Hearings on 2 or more petitions filed under this section may be held at the same time and place. The city clerk or the secretary of the school committee shall mail notice of the hearing to the 10 persons whose names appear first on the petition at least 7 days before the hearing. Notice, by publication, of all such hearings shall be at public expense.
SECTION 8-2: CITIZEN INITIATIVE MEASURES
a) Commencement - Initiative procedures shall be started by the filing of a proposed initiative petition with the city clerk or the secretary of the school committee. The petition shall be addressed to the city council or to the school committee, shall contain a request for the passage of a particular measure which shall be set forth in full in the petition, and shall be signed by at least 250 voters. At least 25 signatures must be certified from each ward.
The petition shall be accompanied by an affidavit signed by 10 voters and containing their residential address stating they will constitute the
petitioners committee and be responsible for circulating the petition and filing it in proper form.
(b) Referral to City Solicitor - The city clerk or the secretary of the school committee shall, immediately following receipt of a proposed petition, deliver a copy of the petition to the city solicitor. The city solicitor shall, within 15 days following receipt of a copy of the petition, in writing, advise the city council or the school committee whether the measure as proposed may lawfully be proposed by the initiative process and whether, in its present form it may be lawfully adopted by the city council or the school committee. If the opinion of the city solicitor is that the measure is not in proper form, the reply shall state the reasons for this opinion, in full. A copy of the opinion of the city solicitor shall also be mailed to the person designated as clerk of the petitioners committee.
(c) Submission to City Clerk - If the opinion of the city solicitor is that the petition is in a proper form, the city clerk shall provide blank forms for the use of subsequent signers, and shall print at the top of each blank form a fair, concise summary of the proposed measure, as determined by the city solicitor, together with the names and addresses of the first 10 voters who signed the originating petition. Within 30 days following the date the blank forms are issued by the city clerk, the petitions shall be returned and filed with the city clerk signed by at least 10 per cent of the total number of voters as of the date of the most recent city election. Signatures to an initiative petition need not all be on 1 paper, but all papers pertaining to any one measure shall be fastened together and shall be filed as a single instrument, with the endorsement on it of the name and residence address of the person designated as filing the same. With each signature on the petition there shall also appear the street and number of the residence of each signer. Within 10 days following the filing of the petition, the board of registrars of voters shall ascertain by what number of voters the petition has been signed, and what percentage that number is of the total number of voters as of the date of the most recent city election. The board of registrars of voters shall attach to the petition a certificate showing the results of its examination and shall return the petition to the city clerk, or the secretary of the school committee, depending on how the petition is addressed. A copy of the council of registrars of voters' certificate shall also be mailed to the person designated as clerk of the petitioners committee.
(d) Action on Petitions - Within 30 days following the date a petition has been returned to the city clerk or the secretary of the school committee, and after publication under subsection (f), the city council or the school committee shall act with respect to each initiative petition by passing it without change, by passing a measure which is stated to be in lieu of the initiative measure, or by rejecting it. The passage of a measure which is in lieu of an initiative measure shall be deemed to be a rejection of the initiative measure. If the city council or the school committee fails to act with respect to any initiative measure which is presented to it within 30 days following the date the measure is returned to it, the measure shall be deemed to have been rejected on the thirtieth day. If an initiative measure is rejected, the city clerk or the secretary of the school committee shall promptly give notice of that fact to the person designated as the clerk of the petitioners committee, by certified mail.
(e) Supplementary Petitions - Within 60 days following the date an initiative petition has been rejected, a supplemental initiative petition may be filed with the city clerk or the secretary of the school committee, but only by persons constituting the original petitioners committee. The supplemental initiative petition shall be signed by a number of additional voters which is equal to at least 5 per cent of the total number of voters as of the date of the most recent city election, and the signatures on the initial petition filed under subsection (c), and the signatures on the supplemental petition filed under this subsection, taken together, shall contain the signatures of at least 15 per cent of the total number of voters in the city. If the number of signatures to this supplemental petition is found to be sufficient by the city clerk, the city council shall call a special election to be held on a date fixed by it not less than 35 nor more than 90 days following the date of the certificate of the city clerk that a sufficient number of voters have signed the supplemental initiative petition and shall submit the proposed measure, without alteration, to the voters for determination, but if any other city election is to be held within 120 days following the date of the certificate, the city council may omit the calling of such special election and cause the question to appear on the election ballot at the approaching election for determination by the voters.
(f) Publication - The full text of any initiative measure which is submitted to the voters shall be published in at least 1 newspaper of general circulation in the city not less than 7 nor more than 14 days preceding the date of the election at which the question is to be voted upon. Additional copies of the full text shall be available for distribution to the public in the office of the city clerk.
(g) Form of Question - The ballots used when voting on a measure proposed by the voters under this section shall contain a question in substantially the following form: Shall the following measure which was proposed by an initiative petition take effect?
(Here insert a fair, concise summary prepared by the petitioners, and
approved by the city solicitor.)
YES
NO
(h) Time of Taking Effect - If a majority of the votes cast on the question is in the affirmative, the measure shall be deemed to be effective immediately, unless a later date is specified in the measure.
SECTION 8-3: CITIZEN REFERENDUM PROCEDURES
(a) Petition, Effect on Final Vote - If, within 21 days following the date on which the city council or the school committee has voted finally to approve of any measure, a petition signed by a number of voters equal to at least 12 per cent of the total number of voters as of the date of the most recent general city election and addressed to the city council or to the school committee as the case may be, protesting against the measure or any part of it is filed with the secretary of the school committee or city clerk, the effective date of such measure shall be temporarily suspended. The school committee or the city council shall immediately reconsider its vote on the measure or part of it, and, if the measure is not rescinded, the city council shall provide for the submission of the question for a determination by the voters either at a special election which it may call at its convenience, or within such time as may be requested by the school committee, or at the next regular city election, but pending this submission and determination, the effect of the measure shall continue to be suspended.
(b) Certain Initiative Provisions to Apply - The petition described in this
section shall be termed a referendum petition and the applicable provisions of section 8-2 as they relate to the filing and certification of signatures shall apply to such referendum petitions, except that the words "measure or part thereof protested against" shall be deemed to replace the word "measure" and the word "referendum" shall be deemed to replace the word "initiative". The measure or part protested against shall be null and void unless a majority of those voting on the question shall vote in favor of the measure or part protested against at the election.
SECTION 8-4: INELIGIBLE MEASURES
None of the following shall be subject to the initiative or the referendum procedures:
(1) proceedings relating to the internal organization or operation of the city council or of the school committee;
(2) an emergency measure adopted under the charter;
(3) the city budget or the school committee budget as a whole;
(4) any appropriation for the payment of the city's debt or debt service;
(5) an appropriation of funds to implement a collective bargaining agreement;
(6) proceedings relating to the appointment, removal, discharge, employment, promotion, transfer, demotion, or other personnel action;
(7) any proceedings repealing or rescinding a measure or part of it which is protested by referendum procedures;
(8) any proceedings providing for the submission or referral to the voters at an election; and
(9) memorial resolutions and other votes constituting ordinary, routine matters not suitable as the subject of a referendum petition.
SECTION 8-5 RECALL
(a) Application - Any holder of an elected office in the city, with more than 6 months remaining in the term of office for which the officer was elected, may be recalled therefrom by the voters of the city in the manner provided in this section. No recall petition shall be filed against an officer within 6 months after taking office.
(b) Recall Petition - A recall petition may be initiated by the filing of an
affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall, provided that the affidavit is signed by at least 250 voters for any officer. The city clerk shall thereupon deliver to said voters making the affidavit, copies of petition blanks demanding such recall, copies of which printed forms the city clerk shall keep available. Such blanks shall be issued by the city clerk, with signature and official seal attached thereto. They shall be dated, shall be addressed to the city council and shall contain the names of all the persons to whom they are issued, the number of blanks so issued, the name of the person whose recall is sought, the office from which removal is sought and the grounds of recall as stated in the affidavit. A copy of the petition shall be entered in a record book to be kept in the office of the city clerk. Said recall petition shall be returned and filed with the city clerk within 28 days after the filing of the affidavit, and shall have been signed by at least 20 percent of the voters of the city for any officer elected at large and signed by at least 20 percent of the voters of the ward for an officer elected by ward. The city clerk shall forthwith submit the petition to the registrars of voters, and the registrars shall, within5 working days, certify thereon the number of signatures which are names of voters.
(c) Recall Election - If the petition shall be found and certified by the city clerk to be sufficient, the city clerk shall submit the same with such certificate to the city council within 5 working days, and the city council shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within 5 days thereafter, order an election to be held on a date fixed by them not less than 64 days and not more than 90 days after the date of the city clerk's certificate that a sufficient petition has been filed; provided, however, that if any other city election is to occur within 150 days after the date of the certificate the city council shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall not proceed as provided in this section.
(d) Office Holder - The incumbent shall continue to perform the duties of the office until the recall election. If said incumbent is not recalled, the incumbent shall continue in office for the remainder of the unexpired term subject to recall as before. If recalled, the officer shall be deemed removed and the office vacant. The vacancy created thereby shall be filled in accordance with the provisions of Articles 2, 3 and 4 of this charter for filling vacancies in such office. A person chosen to fill the vacancy caused by such recall shall hold office until the next regular city election. Should the person be a candidate in the subsequent election, he or she will not be allowed to have “candidate for re-election” appear on the ballot at such election.
(e) Ballot Proposition - The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" Yes No If a majority of the votes cast upon the question of recall is in the
affirmative, such elected officer shall be recalled.
(f) Repeat of Recall - In the case of an officer subjected to a recall election and not recalled thereby, no recall petition shall be filed against such officer until at least 270 days after the election at which the officer's recall was submitted to the voters of the city.
(g) Office Holder Recalled - No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against such person, shall be appointed to any city office within two years after such recall or such resignation.
SECTION 8-6: REQUIRED VOTER PARTICPATION
For any measure to be effective under initiative procedure and for any measure to be declared null and void under any referendum procedure, and for any recall election, at least 20 percent of the voters as of the most recent city election must vote at an election that includes on the ballot submission of one or more initiative, referendum or recall questions to the voters.
SECTION 8-7: SUBMISSION OF OTHER MATTERS TO VOTERS
The city council may of its own motion, and shall at the request of the school committee if a measure originates with that body and pertains to affairs under its jurisdiction, submit to the voters at any regular city election for adoption or rejection any measure in the same manner and with the same force and effect as are hereby provided for submission by petitions of voters.
SECTION 8-8: CONFLICTING PROVISIONS
If 2 or more measures passed at the same election contain conflicting
provisions, only the one receiving the greatest number of affirmative votes shall take effect.
ARTICLE 9
GENERAL PROVISIONS
SECTION 9-1: CHARTER CHANGES
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.
SECTION 9-2: SEVERABILITY
The provisions of this charter are severable. If any provision of this charter is held invalid the other provisions shall not be affected by this holding. 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.
SECTION 9-3: SPECIFIC PROVISION TO PREVAIL
To the extent that any specific provision of this charter shall conflict with any provision expressed in general terms, the specific provision shall prevail.
SECTION 9-4: RULES AND REGULATIONS
A copy of all rules and regulations adopted by any 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 any reasonable time. Unless an emergency exists as determined by the mayor, no rule or regulation adopted by any city agency shall become effective until 5 days following the date it is so filed.
SECTION 9-5: PERIODIC REVIEW OF ORDINANCES
Not later than the first day of July, at 10 year intervals, in each year ending in a 5, the mayor and city council shall provide for a review to be made of the ordinances of the city for the purpose of preparing a proposed revision or recodification of them, without substantive change. This review shall be made by a special committee to consist of 9 members, 6 of whom shall be appointed by the city council president and 3 of whom shall be appointed by the mayor. At least 2 of the persons appointed by the city council president shall be members of the city council and the remaining members shall be voters of the city. The special committee shall file its report with the city clerk 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 city council agenda for action before the fifteenth day of June in that year 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 the fifteenth day of June, and no other business shall be in order until the report has been acted upon, by roll call vote. The city solicitor shall serve as an advisor to the special committee. A revision, recodification or republication of the ordinances shall be made at 10 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 the reproduction. In each year between these reenactments, an annual supplement shall be printed which shall contain all ordinances and amendments to ordinances adopted in the preceding year.
SECTION 9-6: PERIODIC REVIEW OF CHARTER
Not later than the first day of July, at 10 year intervals, in each year ending in a 4, 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 consist of 9 members, 4 of whom shall be appointed by the city council president and 5 of whom shall be appointed by the mayor. At least 2 of the persons appointed by the city council president shall be members of the city council and the remaining members shall be voters of the city. The special committee shall file its report with the city clerk, 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 city council's agenda for action before the fifteenth day of June in that year 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 the fifteenth day of June, and no other business shall be in order until such report has been acted upon, by roll call vote.
SECTION 9-7: UNIFORM PROCEDURES GOVERNING MULTIPLE-
MEMBER BODIES
(a) Meetings - All appointed multiple member bodies of the city shall meet regularly at the times and places that they by their own rules prescribe.
Special meetings of any multiple member body shall be held on the call of the chairman or by one-third of the members of the body by written notice delivered in hand or to the place of residence of each member at least 48 hours in advance of the time set, which shall contain notice of the subjects to be acted upon. A copy of the notice shall also be posted in accordance with 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.
(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 Everett Public Library.
(c) Voting - If requested by any member, any vote of any 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, but if the vote is unanimous, only that fact need 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 vote on any matter representing an exercise of the powers of the multiple member body.
SECTION 9-8: NUMBER AND GENDER
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.
SECTION 9-9: REFERENCES TO GENERAL LAWS
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.
SECTION 9-10: COMPUTATION OF TIME
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 7 days, intermediate Saturdays, Sundays and legal holidays shall not be included, when the period is 7 days or more, every day shall be counted.
SECTION 9-11: OATH OF OFFICE OF MAYOR, CITY COUNCIL, AND
SCHOOL COMMITTEE
A mayor-elect (as applicable), the city council-elect, and the school committee members-elect shall, on the first Monday in the January of each even-numbered year, except when said first Monday falls on a legal holiday, in which event on the following day, no later than eight o'clock in the evening, meet and be sworn to the faithful discharge of their duties. The oath may be administered to the mayor by the city clerk, or the assistant 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 the oath or oaths have 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 any 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, they shall organize by electing from among their 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.
SECTION 9-12: CERTIFICATE OF ELECTION OR APPOINTMENT
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.
SECTION 9-13: LIMITATION ON OFFICE HOLDING
Unless otherwise allowed by law or this charter, 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.
SECTION 9-14: ENFORCEMENT OF CHARTER PROVISIONS
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 any city agency or city employee is failing to follow any provision of 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 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 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.
ARTICLE 10
TRANSITIONAL PROVISIONS
SECTION 10-1: CONTINUATION OF EXISTING LAWS
All general laws, special laws, city ordinances, and rules and regulations of or pertaining to Everett, including special acts creating regional entities and arrangements of which the city is a member, that are in force when this charter takes effect, and not specifically or by implication repealed by this charter, shall continue in full force and effect until amended or repealed, or rescinded by law, or until they expire by their own limitation. In any case in which the provisions of this charter are found to be inconsistent with the provisions of any general or special law that would otherwise be applicable, the provisions of this charter shall be deemed to prevail. Every inconsistency between the prior law and this charter shall be decided in favor of this charter.
ELECTION 10-2: CONTINUATION OF GOVERNMENT AND
ADMINISTRATION
All city agencies shall continue to perform their duties until re-elected, reappointed, or until successors to their respective positions are duly appointed or elected, or until their duties have been transferred and assumed by another city agency.
SECTION 10-3: TRANSFER OF RECORDS AND PROPERTY
All records, property and equipment whatsoever of any city agency, or part thereof, the powers and duties of which are assigned in whole or in part to another city agency, shall be transferred immediately to that agency.
SECTION 10-4: EFFECT ON OBLIGATIONS, TAXES, ETC.
All official bonds, recognizances, obligations, contracts, and other
instruments entered into or executed by or to the city before the adoption of this charter, and all taxes, assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the city, shall be enforced and collected, and all writs, prosecutions, actions and causes of action, except as otherwise provided in this charter, shall continue without abatement and remain unaffected by the charter; and no legal act done by or in favor of the city shall be rendered invalid by reason of the adoption of this charter.
SECTION 10-5: DISPOSITION OF CERTAIN SPECIAL LAWS
(a) Certain Special Laws Recognized and Retained – The following special acts are hereby retained: Chapter 417 of the Acts of 1991 relative to the police chief; Chapter 86 of the Acts of 1933 relative to the fire chief, Chapter 33 of the Acts of 1989 relative to the auditor, Chapter 73 of the Acts of 1982 relative to the development and financial Corporation and Chapter 133 of the Acts of 1990 relative to the economic development and industrial corporation, Chapter 308 of the Acts of 1988 relative to licensing of establishments with pool tables; Chapter 318 of the Acts of 1988 relative to a general liability insurance fund; Chapter 423 of the Acts of 2002 relative to retiree health insurance; and Chapter 24 of the Acts of 2008 relative to special police officers.
(b) Certain Special Laws Recognized and Retained, in part - The following special acts relating to the organization of the city’s government are recognized and retained in part as follows: so much of Chapter 432 of the Acts of 1962 creating a purchasing department; Chapter 453 of the Acts of 1990 relative to the board of park commissioners, Chapter 115 of the Acts of 2001 providing for an Executive Director of City Services, and Chapter 332 of the Acts of 2010 creating an inspectional services department. These acts shall remain in effect only until such time as the mayor may act to modify provisions contained in these acts pursuant to Article 5 of this charter.
(c) Certain special laws recognized and retained with respect to incumbents in office at the time of charter adoption - Incumbents now serving in the offices of building inspector pursuant to Chapter 518 of the Acts of 1920, the city engineer pursuant to Chapter 136 of the Acts of 1927, the Director of Veterans’ Services (Commissioner of Soldier’s Relief and State and Military Aid) pursuant to Chapter 92 of the Acts of 1932 , the city clerk and assistant city clerk pursuant to Chapter 8 of the Acts of 1926, and the treasurer pursuant to Chapter 166 of the Acts of 1947 shall have all the rights afforded by these acts, but upon the vacating of office by the incumbents by resignation, retirement, or other cause, such offices will be subject to the city’s charter provisions relating to appointment and the city’s personnel policies and procedures.
(d) Certain Borrowing Authorizations, Retained - The following special acts which authorized the city to borrow certain sums of money, for certain purposes, are hereby recognized and retained: Chapter 455 of the Acts of 1998; and Chapter 309 of the Acts of 2002.
(e) Certain Other Obsolete Special Laws Repealed – The following acts hereby stand repealed: Chapter 355 of the Acts of 1892, Chapter 366 of the Acts of 1896, and Chapter 152 of the Acts of 1902 of or relating to the city’s charter; Chapter 260 of the Acts of 1917, Chapter 57 of the Acts of 1933, and Chapter 161 of the Acts of 1934 relating to preliminary elections; Chapter 183 of the Acts of 1918 relating to vacancies; Chapter 349 of the Acts of 1928 and Chapter 288 of the Acts of 2002 relating to the mayor’s term; Chapter 361 of the Acts of 1930 relating to biennial municipal elections; Chapter 135 of the Acts of 1933 and Chapter 64 of the Acts of 1935 relating to the municipal inaugural; Chapter 525 of the Acts of 1943 and Chapter 146 of the Acts of 1990 relating to the school committee; Chapter 259 of the Acts of 1949 relating to office-holding; and Chapter 308 of the Acts of 1977 relating to initiative petition.
SECTION 10-6: TIME OF TAKING EFFECT
This charter shall take effect upon its ratification by the voters and in
accordance with the following schedule:
(1) All city officers and employees shall continue to perform their duties in the same manner and to the same extent as they have performed the same prior to the ratification by the voters of the home rule charter.
(2) The first election of officers under this charter shall be held on the first Tuesday following the first Monday in November 2013 for the purpose of electing a mayor, a city council and members of the school committee. A preliminary election for the purpose of nominating candidates to be elected shall be held on the third Tuesday of September 2013, if necessary, as provided in Article 7 of this charter.
(3) On the first Monday in January 2014 the persons elected as mayor, city council members, and school committee members shall be sworn to the faithful performance of their duties.
(4) Not later than 30 days following the date of the ratification of this charter by the voters, the city clerk shall give to each member of the General Court who represent any part of Everett a copy of the vote ratifying this charter.
(5) Immediately after the election at which this charter is adopted, the board of aldermen shall appoint 4 persons to a committee, at least one of which shall be a member of the charter commission elected in November 2009, to begin a review of the city ordinances for the purpose of preparing such
revisions and amendments as may be needed or necessary to bring them into conformity with the provisions of this charter and to fully implement the provisions of this charter. The city clerk shall be the fifth member and chair of this committee. The committee shall submit a report, with recommendations, within 1 year following its creation and may submit interim reports with recommendations at any time. The city solicitor, or special counsel appointed for this express purpose, shall serve as an advisor to the committee.
(6) No later than September 2014, the mayor shall promulgate a series of administrative orders providing for the organization of city government into operating agencies in accordance with section 5-1.
(7) Forthwith following the 2013 municipal election, the persons elected as members of the city council shall meet for the sole purpose of reviewing and revising policies and procedures, rules, or interim rules that will govern the conduct of the business of the city council until such time following the taking of the oath of office when the city council adopts permanent rules.
Such meetings shall be called by the council member-elect most senior in age and shall be open to the public, although the business of any such meetings shall be confined to the topics identified here. The city clerk shall serve as an advisor to the city council-elect in this endeavor.
(8) As soon as practical following the election at which this charter is
adopted, the city clerk and the board of registrars of voters shall, using existing precinct boundary lines and voting places, divide the city into 6 equal voting districts, or, as nearly equal as may be, using such existing precinct lines. At the first municipal election held in the odd numbered year following adoption of this charter, until the city has been reapportioned, as provided in Massachusetts General Laws chapter fifty-four sections one through ten, 1 ward councilor shall be elected from each such ward and 5 councilors shall be elected from the city at large.
(9) Until such time as another salary is established in accordance with the provisions of this charter, the initial of salary for the mayor shall be $85,000, the initial salary of the for a city councilor shall be $7,200 and the initial salary for a school committee member shall be $5,500
(10) The mayor and the board of aldermen and common council, in office at time this charter is adopted, and the mayor and successor city council elected pursuant to this charter, shall have the authority to adopt measures that clarify, confirm, or extend any of the transitional provisions in order that such transition may be made in the most expeditious manner possible.
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Tails
Administrator
2682 Posts |
Posted - 01/05/2011 : 3:11:33 PM
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So the charter commission meets tonight?? I have not seen any notice about this meeting and I have to go through this 70 page document???? This is not fair and what the hell is the charter commission trying to hide??
Thanks for the document, I printed it out and will address the charter at some point.
PUBLIC MEETING NOTICE
EVERETT CHARTER COMMISSION
Wednesday, January 5, 2011
The Everett Charter Commission will hold meetings at 6:30 P.M. in Everett City Hall, Hearing Room B, second floor, 484 Broadway, Everett Massachusetts on the following dates:
Wednesday, January 12, 2011
Wednesday, January 26, 2011
The public is invited to attend.
Please enter at the rear door of building.
Paul Schlosberg Chairman
Alfred J.F. Lattanzi Clerk
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tetris
Moderator
2040 Posts |
Posted - 01/05/2011 : 4:05:08 PM
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| The next meeting of the Charter Review Commission is not until next Wednesday. |
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Tails
Administrator
2682 Posts |
Posted - 01/05/2011 : 4:21:16 PM
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quote:
Originally posted by tetris
The next meeting of the Charter Review Commission is not until next Wednesday.
Thanks. From the prior post it looked like there was a meeting tonight. I don't watch the bulletins on ECTV and rely on the newspapers and I do not see these notices. I read today's paper and once again......no notice. They really need to do more to inform the public! It's great that we have this info on a blog, but what about the other 95% of the city? |
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Tails
Administrator
2682 Posts |
Posted - 01/05/2011 : 5:24:59 PM
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Then I just want to make it clear that the next Charter Commission meeting dates are:
Wednesday, January 12, 2011
Wednesday, January 26, 2011
I only skimmed through the preliminary draft report above, and I encourage all that are interested to read that report thoroughly...... because it looks to me like all the power is being turned over to the Mayor, and no one person should have all this. It's a recipe for disaster. |
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tetris
Moderator
2040 Posts |
Posted - 01/05/2011 : 7:48:45 PM
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Tails,
I've read the new charter and I really don't see a lot more power being turned over to the Mayor than the position already has. Could you point out exactly what you are referring to?
I had heard that there was some movement afoot to move the City Clerk out of the control of the City Council and put the position under the Mayor. For the record, I'm not in favor of that change. But from what I see in Section 2-8, that looks like it is still up in the air. Other than that, I really don't see a whole lot more power going to the Mayor's position.
In fact, the Mayor loses control over the annual independent audit. The City Council gains control over that, as is the case in most other cities with modern charters. Also, all non-civil service department head appointments wiil have to be approved by the city council, which isn't the case now. The new charter also tightens up on temporary appointments (with the exception of the purchasing agent, which it loosens up somewhat) as they will be limited now. |
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massdee
Moderator
5299 Posts |
Posted - 01/06/2011 : 09:59:45 AM
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I don't care what is in the proposed new charter. As long as there is a 4 year term for "ANY" mayor, I will be voting against it. I know many, many others that feel exactly the same way. In my honest opinion, this proposed charter is going to have a difficult time passing.
Also, I have been hearing rumors for a while that the mayor wants to get rid of Matarazzo as the City Clerk. I have no idea if it is true or not but if the charter commission takes hiring the City Clerk away from the City Council and turns it over to the mayor then the city clerk will be fearful for his job if he doesn't fall in line with the administration. I personally feel there is far too much of that going on already.
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n/a
deleted
136 Posts |
Posted - 02/17/2011 : 2:39:16 PM
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I watched a rerun of the alderman meeting and charter was there you can view thier work online. every member on there is poltically in the know.
You must be logged in to see this link. |
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Tails
Administrator
2682 Posts |
Posted - 02/17/2011 : 4:19:23 PM
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That's not anything new. We all know the commission is compromised. Everyone picks on the School Committee....but every one of those members abide by the gentlemen's agreement, and opt not to take the health insurance. We have councilors attending charter commission meetings complaining about the spending the school department does, but all that spending goes through city hall. That's where the concern is, not the school department.
I also agree with what some of the councilors were saying about Schlossberg being misleading when it came to the savings in health insurance, but we are not talking current day.....this charter would not go into effect until September 2013 and by then, maybe all 25 councilors would opt to take the health insurance. Who knows. Maybe some wont get re-elected but the point is - it's available to them, and their families, for working less than a part time job. If it was private sector I would not have a problem with it. This is taxpayer money and NO WHERE can you get a job for as little hours as these councillors work, and receive paid health insurance.
Then, we have a current councilor on the commission who:
A. Never shows up for meetings.
B. Is on trial for a crime and although innocent until proven guilty, his big mouth telling everyone that the mayor is going to be a character witness for him just shows how unstable he truly is. I don't believe that to be true. If anyone did that, they would be dumb as an ox to even get involved.
C. They wont remove him because by right that seat should be Dorothy Martin's, but they don't want her. So, we have a hack instead. And a bad one at that!
Then there are others that have contracts with the city that have tried for so long, and whoa-la.... they all of a sudden are awarded contracts.... then others that the city purchases supplies from their business and their spouses work for the mayor. I saw the meeting, and Mike Marchese was right. I'd love to see how people voted.
There's a current department head that works for the mayor and was appointed by him. This is all going the way Carlo wants it to go. He does not care about not being able to vote on the school committee, that's a distraction. He wants all councilors to be voted city wide so he can stack his board. All he needs is 6 votes, and he's got the floor. Just six people to say "Vote my way, and I'll take care of you".. hypothetically speaking, of course. |
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Charter Review
