HomeMy Public PortalAboutGloucester 2/26/2020 Gloucester,MA Code of Ordinances
PARTI -CHARTER
Footnotes:
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Editor's note—Printed herein is the Gloucester Home Rule Charter,approved by a referendum held on November 4, 1975,and amended by
referendum on November 8, 1983;November 5, 1985;and November 3, 1987. Those sections of the charter which were amended by a
referendum are indicated by the presence of a history note in parentheses()following each such section. The absence of such a note indicates
that a section has remained unchanged since it was originally adopted. The original arrangement, catchlines and subcatchlines of the charter have
been retained herein. Material which has been added for clarity is indicated by brackets[I. Obvious errors in spelling and punctuation have been
corrected without notation.
State Law reference—M.G.L.A. Const.Amend.art.11,§2 et seq.;city charters generally, M.G.L.A.c.43;home rule procedures,M.G.L.A. c.438.
ARTICLE 1.- INCORPORATION; FORM OF GOVERNMENT; POWERS OF THE CITY
Section 1-1.- Incorporation.
The inhabitants of the City of Gloucester,within the territorial limits established by law, shall continue to be a body
corporate and politic under the name"City of Gloucester."
Section 1-2.-Short Title.
This instrument shall be known and may be cited as the Gloucester Home Rule Charter.
Section 1-3.- Form of Government.
The administration of the fiscal, prudential, and municipal affairs of the city,with the government thereof, shall be vested
in an executive branch,to consist of the mayor, and a legislative branch,to consist of the city council.The executive branch
shall never exercise any legislative power, and the legislative branch shall never exercise any executive power.Although each
branch has had conferred upon it by State law various areas of responsibility,the legislative branch is also responsible for the
enactment of laws for the city,while the administrative branch is charged with the duties of carrying those laws into effect,
securing their due observance and conducting the daily business affairs of the city.
State Law reference—Allocation of powers in city government, M.G.L.A. c. 39, § 1.
Section 1-4.- Powers of the City.
Subject only to express limitations on the exercise of any power or function by a city in the constitution or statutes of the
commonwealth, it is the intent and the purpose of the voters of Gloucester,through the adoption of the charter[,]to secure
for the city all powers it is possible to secure under the constitution and statutes of the commonwealth, as fully and as
completely as though each such power were specifically and individually enumerated herein.
State Law reference— Limitation on local powers, M.G.L.A. Const.Amend. art. 2, 89; powers of cities and towns, M.G.L.A. c.
40.
Section 1-5.-Construction.
The powers of the city under the charter are to be construed liberally in favor of the city,and the specific mention of
particular powers is not intended to limit in any way the general powers of the city as stated in section 1-4.
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Section 1-6.- Intergovernmental Relations.
Subject only to express limitations in the constitution or statutes of the commonwealth,the city may exercise any of its
powers or perform any function, and may participate in the financing thereof,jointly or in cooperation, by contract or
otherwise,with the commonwealth or any political sub-division or agency thereof or the United States government or any
agency thereof.
ARTICLE 2.- LEGISLATIVE BRANCH
Section 2-1.-Composition; Eligibility; Election and Term.
(a) Composition—There shall be a city council consisting of nine members which shall exercise the legislative
powers of the city. Four of these members,to be known as councilors at-large, are to be nominated and
elected by and from the voters of the city, at-large. Five of the members,to be known as ward councilors, are
to be nominated and elected by and from the voters of five city wards, one ward councilor to be elected from
each such ward.
(b) Eligibility—Any voter shall be eligible to hold the office of councilor.A ward councilor, notwithstanding his
removal from one ward in the city to another during the term for which he was elected, may continue to serve
and to perform his duties until the expiration of the term for which he was elected.
(c) Election and Term—The term of office for councilors shall be for two years beginning the first secular day of
January following their election and until their successors are qualified.
Code reference— City council generally, § 2-20 et seq.
Section 2-2.- Presiding Officer.
After a majority of the councilors-elect have been sworn they shall be called together by the city clerk, or in the absence
of the city clerk, by the member present senior in years of service,who shall preside.The city council shall then elect,from
among its members, by separate roll call votes, a president and a vice-president.A majority vote of the full council shall be
necessary for such election. No other business shall be in order until such officers are elected.The president shall preside at
all meetings of the city council, regulate the proceedings and decide all questions of order. He shall have such other powers
and duties as may be provided by the charter, by ordinance or by vote of the city council. He shall have the same right to vote
as any other city councilor. In the event of the absence or disability of the president[,]the vice-president shall act as
president.
State Law reference— Presiding officer of city legislative bodies, M.G.L.A. c. 39, § 2.
Section 2-3.-Compensation.
The city council shall, by ordinance, establish an annual salary for its members. No ordinance establishing or increasing
such salary shall be effective, however, unless it shall have been adopted by a two-thirds vote during the first eighteen
months of the term for which councilors are elected and it provides that such salary is to be effective at the commencement
of the term of office of the next city council to be elected.
State Law reference— Municipal salaries, M.G.L.A. c. 39, § 6A, c.43, § 17A.
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Section 2-4.- Prohibitions.
(a) Appointment after Expiration of Term— No city councilor shall hold any compensated appointive city office or
city employment during his term and until two years following the expiration of the term for which he was
elected.This provision shall not prohibit a city officer or city employee who has taken a leave of absence from
such office or employment from resuming his duties as such following service as a city councilor.
(b) Interference in Administration— Except as may be otherwise authorized by the charter, no member of the city
council, nor any committee of the city council, shall directly take part in the conduct of the administrative
business of the city.
Section 2-5.- Exercise of Powers; Quorum; Rules of Procedure.
(a) Exercise of Powers— Except as otherwise provided by law, by-laws or the charter,the legislative powers of the
city council may be exercised in a manner determined by it.
(b) Quorum—A majority of the city council shall constitute a quorum but a smaller number may meet and
adjourn from time to time.The affirmative vote of a majority of the full council shall be necessary to adopt any
appropriation order.While a quorum is present, any other motion or measure may be adopted by a majority
of not less than four affirmative votes, except as otherwise provided by the charter or by-law.
(c) Rules of Procedure—The city council shall from time to time establish rules for its proceedings.
(i) Regular meetings of the council shall be held at a time and place fixed by approved City Council Rules of
Procedures.
(ii) Special meetings of the city council shall be held at the call of the mayor,as provided in section 3-8(b), on
the call of the president of the city council, or on the call of any three or more members, by written notice
delivered in hand,to the place of residence or business, or receipt confirming electronic mail of each
member at least forty-eight hours, excluding Saturday,Sunday and holidays, in advance of the time set,
and which includes notice of the subjects to be acted upon.
(iii) Except as may be otherwise authorized by law, all sessions of the city council,and any committee
thereof, shall be open to the public and to the press.
(iv) Every matter which comes before the city council shall be put to a vote,the result of which shall be
recorded.
(v) A full, accurate, up-to-date record of the proceedings of the city council shall be kept and shall be open to
inspection by the public. It shall include a record of each roll call vote.
(vi) The city council shall, by ordinance, establish and maintain a list of specific kinds of council decisions,
which will require an accompanying statement of purpose.The statement of purpose shall contain the
reasons why the majority of the council voted,for or against. Such statements shall be entered upon the
records of the city council, in full,for the purpose of providing guidance to future city councils regarding
matters that might again be brought before the city council, matters that might be the subject of court
action, or any other matter requiring an explanation of the intent of the city council when voting.
(Ref. of 11-8-1983; Ord. of 10-11-2011(01))
State Law reference—City council to adopt rules for its proceedings, M.G.L.A. c.43, § 18(2).
Section 2-6.-Council Access to Information.
(a) In General—The city council may make investigations into the affairs of the city and into the conduct and
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performance of any city agency, and for this purpose may subpoena witnesses, administer oaths,and require
the production of evidence.
(b) City Officers, Members of Multiple-Member Bodies, and City Employees—The city council may require any
city officer, member of a multiple-member body or city employee to appear before it to give such information
as the city council may require in relation to the municipal services,functions, powers or duties which are
within the scope of responsibility of the said city officer, member of a multiple-member body or city employee.
(c) Mayor—The city council may at any time require the mayor to provide it with specific information on any
matter within its jurisdiction.The city council may require the mayor to appear before it, in person,to respond
to written questions presented to him.The mayor may bring with him on such occasions any assistant,
department head, city officer or city employee he deems necessary to assist him in responding to the
questions posed by the city council.The mayor shall not be required to answer any questions not relevant to
those presented to him in advance and in writing.
(d) Notice Requirements—The city council shall give at least five days written notice to any person it shall require
to appear before it under the provisions of this section. Notice under this section shall be by delivery in hand.
(e) Vote Required—All actions in section 2-6 shall require a two-thirds(2/3 's)vote of the full city council.
(Ref. of 11-3-1987)
Section 2-7.-City Clerk; City Auditor.
(a) Election— Not sooner than ninety days and no more than one hundred twenty days(approved 12/9/2002)
following the date on which the city council has organized, it shall elect a city clerk and a city auditor to hold
office for terms of two years and until their successors are qualified.The city council may remove either of
said officials from office,for cause, before the expiration of their term by majority vote of the full city council.
Any vacancies which may exist in said offices shall be filled by the city council for the balance of the unexpired
term.The city clerk and auditor report to and are supervised by the city council.The assistant city clerk and
assistant registrar of voters report to and are supervised by the city clerk.The assistant city auditor reports to
and is supervised by the city auditor.
(b) City Clerk—The city clerk shall be the custodian of all records of the city,the keeper of vital statistics, and
shall have such powers and duties with respect to the regulation and supervision of elections and the issuance
of licenses as are provided by law.The city clerk may have such additional powers and duties as the city
council may from time to time prescribe.
(c) City Auditor—The city auditor shall keep and have charge of the accounts of the city. He shall regularly audit
the books and accounts of all city agencies and shall have such other powers and duties with respect to the
regulation of the financial affairs of the city as are provided by law.The city auditor may have such additional
powers and duties as the city council may from time to time prescribe.
(Ord. of 10-11-2011(01))
Code references—City clerk generally, § 2-60 et seq.; city auditor, § 2-100 et seq.
State Law reference— Manner of election of city officers, M.G.L.A. c. 39, § 3, c.43, § 18; city clerks generally, M.G.L.A. c.41, §
12 et seq.; appointment and term of city clerks, M.G.L.A. c.43, § 18(3); auditors generally, M.G.L.A. c.41, §48 et seq., c.43, §
18.
Section 2-8.-Council Staff.
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(a) Clerk of the Council—The city clerk shall serve as clerk of the council.The clerk of the council shall give notice of
meetings of the city council to its members and to the public, keep the journal of its proceedings, and perform sL
duties as may be assigned by the charter, by ordinance or by other vote of the city council.The city council shall,
ordinance, establish a salary schedule and a job description for the clerk of the council.
Editor's note—There is no subsection (b)to this section in the present city charter.
Section 2-9.-Council Standing Committees.
(a) Designation of Committees—There shall be three standing committees of the city council:
(i) A committee on budget and finance,to which may be referred by a simple majority vote of the full city
council every matter which would involve an expenditure by the city.
(ii) A committee on ordinances and administration,to which may be referred by a simple majority vote of
the full city council every matter which in the form of adoption is categorized an "ordinance" or the effect
of which is of more than temporary significance, all matters the effect of which would be to alter the
administrative structure of the city government and which shall have general oversight of the
department of the city clerk.
(iii) A committee on planning and development,to which may be referred by a simple majority vote of the
full city council all matters which affect land use, planning, zoning and other development of the city.
(b) Membership— Each committee of the city council shall consist of three members of the city council appointed
by the city council president to serve for the term for which the city council is elected. Each member of the city
council shall serve on at least one standing committee of the city council.
(c) Advisory Members—The standing committees of the city council may provide, by vote,for the appointment of
voters of the city to serve as advisory members of the committee. Such advisory members, if appointed, shall
have no power to vote.
(d) General Powers—The city council may delegate the powers available to it under section 2-6 to any of its
standing committees. Each standing committee may, in accordance with such rules as may be adopted by the
city council, hold a public hearing on any matter which is referred to it and shall,within a time fixed by council
rule, report on each matter which has been referred to it, in writing, a recommendation and the reasons
therefor.
(Ref. of 11-3-1985; Ord. of 11-15-2011)
Code reference— Boards, commissions, councils and committees, § 2-400 et seq.
Section 2-10.-Appointments to City Offices.
(a) Confirmation—The mayor shall submit to the city council the names of all persons he desires to appoint to
any city office, as a department head or as a member of a multiple-member body, except a position which is
covered by the state civil service law or except as otherwise provided by this charter.The city council shall
refer all such names as are submitted to the standing committee on ordinances and administration which
shall investigate all such candidates for confirmation and make a report with recommendations to the full city
council not less than seven nor more than twenty-one days following such referral. If the city council has taken
no other action, said appointments shall become effective on the thirtieth day following the date the name has
been received by the city council.The provisions of section 2-11(c)shall not apply to this section.
(b) No un-elected appointee shall be appointed to more than one multiple member body, unless said board or
commission is inter-related.
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(Ref. of 11-8-1983; Ref. of 11-5-1985)
Code reference—Officers and employees generally, §2-40 et seq.
Section 2-11.- Procedures.
(a) in General— No measure shall be adopted on the date it is introduced, except in the case of special
emergency involving the peace, health or the safety of the people or their property. Except as otherwise
provided by the charter, every adopted measure shall be effective at the expiration of thirty-one days after
adoption by the city council or at any later date specified therein. Measures not subject to referendum may
become effective upon adoption. No ordinance shall be amended or repealed except by another ordinance
adopted by the city council, or by the procedure for citizen initiative and referendum provided in article 9.
(b) Emergency Measures—An emergency measure shall be introduced in the form and manner prescribed
generally except that it shall be plainly designated as an emergency measure.A preamble which describes and
declares that an emergency exists and which defines its nature in clear and specific terms shall first be
separately voted upon and shall require the affirmative votes of two-thirds of the members of the full city
council. Following such adoption of an emergency preamble the city council may, by a two-thirds vote, pass
the measure with or without amendment at the meeting at which it was introduced. Emergency measures
shall stand repealed on the sixty-first day following their adoption, unless a vote of the city council in
conformity with the procedures for measures generally is passed extending it for a period not to exceed an
additional sixty days, or an earlier date is specified in the measure.
(c) Charter Objection—On the first occasion that the question of adoption of any measure is put to the city
council, except an emergency measure as defined in section 2-11(b), if a single member objects to the taking of
the vote,the vote shall be postponed until the next meeting, regular or special. If when the matter is next
brought before the city council for a vote four or more members object to the taking of a vote,the matter shall
be further postponed for not less than an additional five days.This procedure shall not be used more than
once for any measure notwithstanding any amendment to the original measure.
(d) Council Reconsideration—The clerk of the city council shall hold every measure adopted by the city council to
the end of the next business day,with no exceptions, and if during said time notice of an intent to file a motion
to reconsider the matter is filed with the clerk of the council by any member entitled to make such a motion,
the measure shall be returned to the city council for further action. If no such statement of intent is filed with
the clerk of the council he shall,at the end of that next business day forthwith present the matter to the
mayor.
(e) Publication and Public Hearings Required— Every proposed ordinance or loan order, except any submitted in
conformity with section 2-11(b), shall be published once in full in at least one local newspaper and in any
additional manner as may be provided by ordinance or by law. Such publication shall also state the time, not
less than seven days following such publication, and the place at which the city council, or a standing
committee of the city council,will hold a public hearing on said proposed ordinance or loan order.
(f) Publication ofAdopted Measures—After final adoption and approval by the mayor if required,all ordinances
and loan orders and such other measures as the city council shall by ordinance direct, shall be published in full
in a newspaper of general circulation in the city and/or by publication on the municipal website.
(g) Publication, Exceptions— If any measure required to be published in full by section 2-11(e)or(f)exceeds in
length eight octavo pages of ordinary print,then in lieu of such publication,the same may be published in a
booklet or pamphlet and made available for distribution to any person requesting the same at the office of the
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city clerk and provided that notice of such publication and a summary of the contents thereof shall be
published as otherwise provided in the said sections.
(h) Information to be Given New Members—The president of the city council shall make available to each new
member the minutes of the meetings for the four prior months and copies of any applicable laws, rules or
regulations which govern the body. In addition,the president shall,within thirty days following any election of
a new member, meet with the new member and provide such information and orientation to the duties of a
city councilor as may be deemed necessary or desirable.
(Ref. of 11-8-1983; Ref. of 11-3-1987; Ord. of 10-11-2011(01))
State Law reference— Procedures for passage of ordinances, M.G.L.A. c.43, §20 et seq.
Section 2-12.- Delegation of Powers.
The city council may delegate to one or more city agencies the powers vested in it by the laws of the commonwealth to
grant and issue licenses and permits, and may regulate the granting and issuing of such licenses and permits by any such city
agency, and may, in its discretion, rescind any such delegation without prejudice to any prior action which has been taken.
Section 2-13.- Filling of Vacancies.
(a) Councilor at Large— If a vacancy in the office of councilor at-large shall occur the vacancy shall be filled by the
candidate for the office of councilor at-large at the preceding city election who received the highest number of
votes without being elected and provided such person is willing to serve. If a person who received such
highest number of votes is not willing to serve the other candidates in descending order of number of votes
received shall be offered the vacancy until one accepts the office. If no such candidate is available the city
council shall,within thirty(30)days following the date on which the vacancy is declared to exist, elect a
suitable person from among the voters of the city to serve for the balance of the unexpired term.The city clerk
shall certify the said candidate to the office of councilor at-large to serve for the balance of the unexpired
term.
(b) Ward Councilor— If a vacancy in the office of ward councilor shall occur the vacancy shall be filled in the same
manner as provided for councilors at-large, provided that the candidate who is willing to serve shall have
received at least thirty percent(30%)of the total number of votes cast for the office of ward councilor in the
ward for which the vacancy exists. If no such candidate is available the city council shall,within the thirty(30)
days following the date on which the vacancy is declared to exist, elect a suitable person from among the
voters residing in the ward to serve for the balance of the unexpired term.The city clerk shall certify the said
candidate to the office of ward councilor to serve for the balance of the unexpired term.
(c) In General—Whenever a vacancy exists on the council which is not filled when the next election occurs,the
person at the city election who is elected to the seat in which the vacancy exists shall forthwith be sworn and
shall serve for the balance of the then unexpired term, in addition to the term for which he was elected. If the
vacancy is in the office of councilor at-large, it shall be filled by the person receiving the highest number of
votes for the office who is not then a member of the city council.
(Ref. of 11-5-1985)
Section 2-14.-General Powers.
Except as otherwise provided by law or the 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 on the city by law.
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ARTICLE 3.- EXECUTIVE BRANCH
Section 3-1.- Mayor; Qualifications;Term of Office; Compensation; Prohibitions.
(a) Mayor, Qualifications—There shall be a mayor, elected by and from the voters,who shall be the chief
executive officer of the city.Any voter shall be eligible to hold the office of mayor.The mayor shall devote his
full time to the office,that is, he shall not hold any other elective public office, nor shall he actively engage in
any other business, occupation or profession during his service as mayor.
(b) Term of Office—The term of office of the mayor shall be two years beginning on the first secular day of
January following his election and until his successor is qualified.
(c) Compensation—The city council shall by ordinance establish an annual salary for the mayor. No ordinance
establishing or increasing such salary shall be effective unless it shall have been adopted in the first eighteen
months of the term for which councilors are elected and it provides that such salary is to be effective at the
commencement of the next term of office of the mayor.
(d) Prohibition— No mayor shall hold any compensated appointive city office or city employment during his term
and until two years following the expiration of the term for which he was elected.
(Ref. of 11-8-1983)
Code reference— Mayor generally, § 2-50 et seq.
State Law reference—Compensation of mayor, M.G.L.A. c. 39, § 6A; mayor prohibited from holding other compensated
office, M.G.L.A. c. 39, § 7.
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 him either personally or
through the several city agencies under his general supervision and control.The mayor shall cause the laws, ordinances and
orders for the government of the city to be enforced,and shall cause a record of all his official acts to be kept.
Section 3-3.-Appointments by the Mayor.
The mayor shall appoint all city officers, department heads and members of multiple-member bodies for whom no other
method of appointment or selection is provided by the charter, excepting only officers serving under the school committee,
officers appointed by state officials and persons serving under the city council.All such appointments made by the mayor
shall be subject to review by the city council as provided in section 2-10.The appointments of the police chief and fire chief
shall be governed by the Code of Ordinances sections 17-16 to 17-18 as amended September 2010 and by[Code of]
Ordinances section 8-16 to 8-18 as amended January 2011.
(Ord. of 10-11-2011(01))
State Law reference—Appointments of mayor subject to council approval, M.G.L.A. c. 39, § 1.
Section 3-4.-Certificate of Appointment.
In making his appointments the mayor shall sign and file with the city clerk a certificate substantially in the following
form:
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Certificate of Appointment
I appoint(name of appointee)to the position of(name of office) and I certify that (s)he is a person especially
fitted by education, training or experience to perform the duties of the office and to assume the
responsibilities which will devolve upon him/her, and that I make this appointment solely in the interest of
the City of Gloucester.
(signed)
Mayor
Section 3-5.- Removal of Officials.
The mayor may remove any person appointed under section 3-3 by filing a written statement with the city clerk setting
forth in detail the specific reason or reasons therefor, a copy of which shall be delivered in hand, or mailed to the last known
address of the person whose removal is sought,who may make a written reply,which if(s)he desires, may be filed with the
city clerk and be a public record; but no such reply shall affect the action taken by the mayor unless the mayor so
determines.
Section 3-6.-Temporary Appointments.
Whenever a vacancy in an office appointed by the mayor occurs,whether by reason of death, disability, resignation,
removal or otherwise,the mayor may appoint the head of another city office or agency, or a city officer or city employee, or
some other person to perform the duties of the office for a period not to exceed three months. Such temporary appointment
shall not be subject to review by the city council as provided in section 2-10.Whenever a vacancy continues beyond three
months,the mayor may make a second three months appointment, but no temporary appointment shall be continued for
more than six months unless authorized by the city council.
Section 3-7.-Chief Administrative Officer.
To aid him in performing the duties of his office the mayor shall,within sixty days following his inauguration, appoint,
subject to the provisions of section 2-10, a chief administrative officer who is professionally qualified as a municipal
administrator by virtue of education,training and previous experience.The chief administrative officer need not be a resident
of the City of Gloucester.
The chief administrative officer shall assist the mayor in the preparation of an annual operating budget for all city
agencies, and shall, in cooperation with the city auditor, administer the operating budget throughout the year. He shall assist
the mayor and the heads of all city agencies in the development of a capital outlay program and the preparation of a capital
improvement budget.The mayor may delegate to the chief administrative officer any power or duty which he has under the
charter other than the power to veto measures adopted by the city council or the power to appoint or to remove city officers,
members of multiple-member bodies and department heads. Under the supervision of the mayor the chief administrative
officer shall be specifically responsible for the following:
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(a) Coordination and supervision of all city agencies;
(b) Submission of reports at such times as may be required;
(c) Installation and maintenance of financial management and record keeping systems;
(d) Conduct of a continuing study of the work of all city agencies and the preparation of management
policies based on such studies;
(e) Preparation of policy programs and ordinance recommendations affecting the management of the city;
(f) Such other powers, duties and responsibilities as may be delegated to him by the mayor.
The delegation of any power or duty by the mayor to the chief administrative officer may be terminated by the mayor, at
will, but all acts of the chief administrative officer pursuant to such delegation prior to any such revocation by the mayor shall
be and remain the acts of the mayor.
(Ord. of 10-11-2011(01))
Code reference—Officers and employees generally, §2-40 et seq.
Section 3-8.-Communications; Special Meetings.
(a) Communications to the City Council—Within six weeks following the start of each fiscal year the mayor shall
submit to the city council, and make available for public distribution, a complete report on the financial and
administrative activities of the city for the preceding fiscal year, as provided in section 7-13. He shall from time
to time throughout the year, by written communications, keep the city council fully informed of the financial
condition and administrative problems of the city and shall recommend to them such measures for their
consideration as, in his judgment,the needs of the city require.
(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 such meeting to be delivered in hand,to the place of business or
residence, or receipt confirming electronic mail of each member of the city council. Such notice shall, except in
an emergency of which the mayor shall be the sole judge, be delivered at least forty-eight hours in advance of
the time set and shall specify the purpose or purposes for which the meeting is to be held.
(Ref. of 11-8-1983; Ord. of 10-11-2011(01))
Section 3-9.-Approval of Mayor, Exceptions(Veto).
Every measure relative to the affairs of the city adopted by the city council, except:
(a) measures relating to the internal affairs of the city council,
(b) memorial resolutions,
(c) emergency measures as defined in section 2-11(b),
(d) the budget, and
(e) zoning issues,
shall be presented to the mayor for his approval. If the mayor does approve it, he shall signify his approval by
signing it; if he does not approve it, he shall signify his disapproval by returning it with his objections, in writing
to the city council.The city council shall enter the objections of the mayor upon its records and shall,forthwith
reconsider such measure. If, on such reconsideration,two-thirds of the full council agree to pass the measure, it
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shall be considered approved. If any measure is not returned by the mayor within ten days following the day it is
presented to him, it shall be considered approved.A filing with the clerk of the council shall be considered a
return by the mayor to the city council.All votes taken on such returns by the mayor shall be by call of the roll.
(Ord. of 10-11-2011(01))
State Law reference—Similar provisions, M.G.L.A. c. 39, §4.
Section 3-10.-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 his office for a period of three successive working days or more,the president
of the city council shall be the acting mayor. In the event of the absence or disability of the president of the city
council,the vice-president shall serve. In the event that the president or vice-president is unable to serve, a
member of the city council in descending order of seniority on the council shall serve.
(b) Powers of Acting Mayor—The acting mayor shall have all of the powers of the mayor except that he shall not
make any permanent appointment or removal to or from any office unless the disability of the mayor shall
have continued for more than sixty days, nor shall he approve or disapprove of any measure passed 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 the city council president, or vice president, is serving as acting mayor he shall not
vote as a member of the city council.
(Ref. of 11-5-1985)
State Law reference—Similar provisions, M.G.L.A. c. 39, § 5, c.43, § 26.
Section 3-11.-Vacancy in Office of Mayor.
(a) Special Election— If a vacancy in the office of mayor occurs in the first year 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 forthwith order a special election to be held within ninety days following the date the vacancy is created,
to fill such vacancy for the balance of the then unexpired term.
(b) Council Election— If a vacancy in the office of mayor occurs in the second year of the term for which the
mayor is elected,whether by reason of death, resignation, removal from office, incapacity or otherwise,the
clerk of the council shall forthwith call a special meeting of the city council, and the city council shall, by
majority vote,taken by roll call, elect one of its members for the balance of the unexpired term. If the city
council fails to elect one of its members as mayor within fourteen days of the date of the meeting called by the
clerk of the council the president of the council shall become mayor. Upon the election and qualification of any
member of the city council as mayor, under this section, a vacancy shall exist in his seat on the council which
shall be filled in the manner provided in section 2-13.
(c) Powers, Term of Office—The mayor elected under section 3-11(a)or(b)shall have all the powers of the
mayor. He shall serve for the balance of the term unexpired at the time of his election to the office.
State Law reference—Similar provisions, M.G.L.A. c.43, § 26.
ARTICLE 4.-SCHOOL COMMITTEE
Footnotes:
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---(2)---
Code reference—School committee generally,§ 18-20 et seq.
State Law reference—Provisions relating to school committees,M.G.L.A.c.43,§31 et seq.
Section 4-1.-Composition; Eligibility; Election and Term.
(a) Composition—There shall be a school committee consisting of seven members which shall exercise control
and management of the public schools of the city. Six of these members,who shall be known as school
committee members, shall be nominated and elected by and from the voters at-large.The mayor shall serve
as the seventh member of the school committee,with full power to vote.
(b) Eligibility—Any voter shall be eligible to hold the office of school committee member.
(c) Election and Term—The term of office of school committee members shall be for two years, beginning on the
first secular day of January following their election and until their successors are qualified.
(Ref. of 11-5-1985)
State Law reference—Similar provisions, M.G.L.A. c.43, § 31.
Section 4-2.-Officers of the School Committee.
After a majority of the school committee members elect have been sworn the school committee shall be called together
by the mayor, or in the absence of the mayor by the member present senior in years of service,who shall preside.The school
committee shall then elect a chairman, a vice-chairman and a secretary,from among its members.The vice-chairman shall
preside at all meetings of the school committee in the absence of the chairman and may perform such other duties as may
be prescribed by vote of the school committee.The secretary shall keep the records of the committee.
(Ord. of 10-11-2011(01))
Code reference—Officers and employees generally, §2-40 et seq.
Section 4-3.-General Powers and Duties.
The school committee shall have all of the powers and duties which school committees are given under the general laws.
and may have such additional powers and duties as the city council may,from time to time, assign, by ordinance.
The school committee shall make all reasonable rules and regulations for the management of the public schools of the
city and for conducting the business of the school committee as may be deemed necessary or desirable.
To the extent permitted by State Law(approved 12/9/2002)the powers of the school committee shall include, but need
not be limited to the following:
(a) To appoint a superintendent of schools,for a term not to exceed three years,who shall be charged with
the day to day administration of the school system, subject to policy directives issued by the school
committee;
(b) To appoint the school business administrator;
State Law reference— M.G.L. c. 71, §41.
(c) To appoint the director of special education of pupil personnel;
State Law reference— M.G.L.A. c. 71 B, § 3A.
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(d) Establish and appoint an assistant or associate superintendent upon the recommendation of the superintei
State Law reference— M.G.L.A. c. 71, § 59.
(e) To appoint school physicians and registered nurses;
State Law reference— M.G.L.A. c. 71, § 53.
(f) To appoint one or more supervisors of attendance;
State Law reference— M.G.L.A. c. 76, § 19.
(g) Subsections(a), (b), (c), (d), (e)and (f)of Section 4-3 shall require a majority vote of the full School
Committee.
The school committee shall furnish all school buildings with proper fixtures,furnishings and equipment and shall provide
ordinary maintenance of all school buildings and grounds, provided however,that the city council may, by ordinance, provide
for the establishment of a centralized purchasing system,which may provide for the inclusion of purchases made under
authority of the school committee, and it may also provide, by ordinance,for the creation of a centralized maintenance
department which may include maintenance of school buildings and grounds.
(Ord. of 10-11-2011(01))
State Law reference—School committee to appoint superintendent of schools, M.G.L.A. c.43, § 32; powers and duties of
school committee, M.G.L.A. c. 17 et seq.
Section 4-4.- Prohibitions.
No school committee member, other than the mayor, shall hold any other city office or city employment under the
jurisdiction of the school committee for which a salary or other emolument is payable from the city treasury while serving as
a member of the school committee, or, until two years after the term for which he was elected has expired.This provision
shall not prevent a person who has taken a leave of absence from such a position from returning to the same position after
his term of office on the school committee has expired.
Section 4-5.- Filling of Vacancies.
If a vacancy in the office of school committee member shall occur,the vacancy shall be filled by the candidate for the
office of school committee member at the preceding city election who received the highest number of votes without being
elected and provided such person is willing to serve. If a person who received such highest number of votes is not willing to
serve,the other candidates in descending order of number of votes received shall be offered the vacancy until one accepts
the office. If no such candidate is available,the school committee shall,within thirty(30)days following the date on which the
vacancy is declared to exist, elect a suitable person from among the voters of the city to serve for the balance of the
unexpired term.The city clerk shall certify the said candidate to the office of school committee member to serve for the
balance of the unexpired term.
Whenever a vacancy exists on the school committee which is not filled when the next election occurs, it shall be filled by
the person receiving the highest number of votes for the office of school committee member.After said committee [member]
is certified as elected by the city clerk he shall forthwith be sworn in and shall serve for the balance of the then unexpired
term, in addition to the term for which he was elected.
(Ref. of 11-5-1985; Ord. of 10-11-2011(01))
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State Law reference— Filling vacancies on school committee, M.G.L.A. c.43, § 36.
Section 4-6.- Exercise of Powers; Quorum; Rules of Procedure.
(a) Exercise of Powers— Except as otherwise provided by law or by the charter,the powers of the school
committee may be exercised in the manner determined by it.
(b) Quorum—A majority of the school committee shall constitute a quorum.The affirmative vote of a majority of
the full committee shall be necessary to adopt any financial measure. Except as otherwise provided by law or
by the charter any other motion or measure may be adopted by a majority vote of those present.
(c) Rules of Procedure—The school committee may from time to time adopt rules governing its proceedings.
(i) Regular meetings of the school committee shall be held at a time and place fixed by such rules.
(i i) Special meetings of the school committee shall be held on the call of the chair person of the school
committee, or in his absence by the vice-chair person, acting as such, or by any two or more members.
Notice of such meetings shall be by receipt confirming electronic mail, or delivery in hand to the place of
residence or business of each member at least forty-eight hours, excluding Saturday, Sunday and
holidays, in advance of the time set, except in case of emergency, of which the chairman of the school
committee shall be the sole judge,when a lesser period shall suffice.
(iii) Except as may be otherwise authorized by law, all sessions of the school committee, and any
subcommittee thereof, shall be open to the public and to the press.
(iv) A full,accurate, up-to-date record of the proceedings of the school committee shall be kept and shall be
open to inspection by the public.
(Ref. of 11-8-1983; Ord. of 10-11-2011(01))
Section 4-7.-School Committee Standing Committees.
(a) Designation of Committees—There shall be at least three standing committees of the school committee:
(i) A committee on building and finance,to which may be referred by a simple majority vote of the school
committee on matters which would involve school buildings,grounds and expenditures by the school
department and related policies;
(i i) A committee on personnel,to which may be referred by a simple majority vote of the school committee
matters which concern collective bargaining, contract negotiations, and benefits and related policies;
(iii) A committee on programs,to which may be referred by a simple majority vote of the school committee
all matters which affect educational goals, and policies.
(b) Membership— Each committee of the school committee shall consist of three members of the school
committee appointed by the school committee chair to serve for the term for which the school committee is
elected. Each member of the school committee shall serve on at least one standing committee of the school
committee.
(c) Advisory Members—The standing committees of the school committee may provide, by vote,for the
appointment of voters of the city to serve as advisory members of the committee. Such advisory members, if
appointed, shall have no power to vote.
(d) General Powers—The school committee may delegate the powers available to it under section 4-11 to any of
its standing committees. Each standing committee may, in accordance with such rules as may be adopted by
the school committee, hold a public hearing on any matter which is referred to it and shall,within a time fixed
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by school committee rule, report on each matter which has been referred to it, in writing, a recommendation
and the reasons therefore.The school committee may create additional standing committees if needed.
(Ord. of 10-11-2011(01))
Editor's note—An ordinance adopted Oct. 11,2011, renumbered the former§§4=77-4-10 as §§4=88-4-11 and enacted a new
§4-7 as set out herein.The historical notation has been retained with the amended provisions for reference purposes.
Section 4-8.- Budget Hearing.
At least thirty days before the meeting at which the school committee is to vote on the budget request which it will
submit to the mayor for inclusion in the budget he is required to submit to the city council,the school committee shall cause
to be published in a local newspaper a general summary of its proposed budget.The summary shall indicate specifically
areas of increase from the present budget, if any, and the reasons for such increases and a notice stating(1)the times and
places where complete copies of the budget will be available for examination by the public and (2)the date,time and place,
not less than seven nor more than fifteen days following such publication when a public hearing will be held by the school
committee on the proposed budget.
The action of the school committee in adopting the budget,following the public hearing, shall be summarized and the
results of a roll call vote taken on each amendment offered to the proposed budget shall be duly recorded.
(Ord. of 10-11-2011(01))
Code reference— Finance generally, §2-560 et seq.
Note—See the editor's note to §4-7.
Section 4-9.- Mayor to be Coordinator.
The mayor shall be responsible for the coordination of the activities of the school department with the activities of all
other municipal agencies. He shall transmit all requests of the school committee which require action by the city council to
the city council, and he shall,at the request of the city council, provide them with such information concerning such requests
as may be deemed either necessary or desirable.
(Ord. of 10-11-2011(01))
Note—See the editor's note to §4-7.
Section 4-10.- Emergency Measures.
An emergency measure shall be introduced in the form and manner prescribed generally except that it shall be plainly
designated as an emergency measure.A preamble which describes and declares that an emergency exists and which defines
its nature in clear and specific terms shall first be separately voted upon and shall require the affirmative votes of two-thirds
2/3 rd's)of the members of the school committee. Following such adoption of an emergency preamble the school committee
may, by a two-thirds(2/3 rd's)vote, pass the measure with or without amendment at the meeting at which it is introduced.
Emergency measures shall stand repealed on the sixty-first day following their adoption, unless an earlier date is specified in
the measure or unless a second emergency measure adopted in conformity with this section is passed extending it, or a
measure adopted in conformity with the procedures used for measures generally[is] passed extending it.
(Ref. of 11-5-1985; Ord. of 10-11-2011(01))
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Note—See the editor's note to §4-7.
Section 4-11.-School Committee Access to Information.
(a) in General—The school committee may make investigations into the affairs of the school system and into the
conduct and performance of any agency under their jurisdiction,and for this purpose may subpoena
witnesses, administer oaths,and require the production of evidence.
(b) City Officers, Member of Multiple-Member Bodies and City Employees—The school committee may require
any city officer, member of a multiple-member body or city employee to appear before it to give such
information as the school committee may require in relation to the municipal services,functions, powers or
duties which are within the scope of responsibility of the said city officer, member of a multiple-member body
or city employee.
(c) Mayor— In matters under its jurisdiction the school committee may at any time require the mayor to provide
it with specific information on any matter within its jurisdiction.The school committee may require the mayor
to appear before it, in person,to respond to written questions presented to him.The mayor may bring with
him on such occasions any assistant, department head, city officer or city employee he deems necessary to
assist him in responding to the questions posed by the school committee.The mayor shall not be required to
answer any questions not relevant to those presented to him in advance and in writing.
(d) Notice Requirements—The school committee shall give at least five days written notice to any person it shall
require to appear before it under the provisions of this section. Notice under this section shall be by delivery
in hand.
(e) Vote Required—All actions in section 4-11 shall require a majority vote of the full school committee.
(Ref. of 11-5-1985; Ord. of 10-11-2011(01))
Note—See the editor's note to §4-7.
ARTICLE 5.- PLANNING AND COMMUNITY DEVELOPMENT
Footnotes:
---(3)---
Code reference—Planning generally,ch. 16.
Editor's note—Prior to its amendment approved at referendum November 5, 1985,article 5,§§5-1-5-3,pertained to the comprehensive plan,
as derived from the original Charter approved on November 4, 1975.
Section 5-1.-The Planning Process.
(a) Overview— Planning for the city shall be considered an on going process where economic development,
environmental protection, and preservation of the city's heritage and neighborhood identity are balanced
through citizen involvement and professional guidance.
(b) Community Development Plan—The planning board shall prepare a community development plan as
authorized by MGL chapter 41, section 81-D. Said plan shall set forth community development land use and
development in accordance with applicable statutes and state laws.The mayor and city council shall be
provided with copies of the community development plan for their review and consideration.
(c) Land Use and Development Regulations— In accordance with applicable provisions of the general laws,the
city council may, by ordinance, adopt land use and development regulations, including, but not limited to, an
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official map and zoning ordinance.
(d) Capital Improvement Program—A capital improvement program shall be prepared for the mayor's review
and approval by the community development department with the advice of the planning board and the
capital improvements advisory board.The capital improvement program shall set forth the schedule for land
acquisition, utility expansion or replacement, and major building projects for the next five years.The program
shall include an explanation and cost projection for each item as well as expected funding sources for each
item scheduled for the current year. In the course of preparing the capital improvement program,the
community development department shall contact all city agencies and departments to solicit project
proposals.The mayor shall annually submit the updated capital improvement program to the city council for
its review and recommendation.
(e) Actions by Mayor, City Council and Multi-Member Bodies—The mayor, city council and all multi-member
bodies shall seek to ensure that their actions and decisions are consistent with the community development
plan,the official map, and the capital improvements program. If any such office, agency or board deems it
essential to take an inconsistent action or decision, it shall transmit to the planning board a statement in
writing, explaining the necessity, prior to the taking of the action or decision.
(Ref. of 11-5-1985; Ord. of 10-11-2011(01))
Section 5-2.- Planning Board.
(a) Authority and Purpose—The planning board, authorized and formed pursuant to MGL chapter 41, sections
81A-81J,shall be the city's primary agency responsible for the establishment of planning and community
development policy. In addition to its statutory responsibilities,the planning board shall formulate policies
which guide land use and the development of municipal facilities, and educate the public and other multi-
member bodies with respect to those policies.
(b) Relationship to Mayor, City Council and Community Development Department—The planning board, on its
own initiative, or as requested by the mayor or city council, shall study issues or projects related to the
development of the city and present its findings and recommendations to the mayor or city council.The
planning board and community development department shall work cooperatively on all such studies.
(Ref. of 11-5-1985)
Section 5-3.-Community Development Department.
(a) Purpose—There shall be established a community development department responsible for coordinating the
physical growth and economic development of the city as well as the development of municipal facilities.
(b) Structure—The community development department shall consist of several divisions, one of which shall be
the planning division,to be headed by a professional city planner.
(c) Responsibilities—The community development department shall:
(i) Advise the mayor on all matters affecting the development of the city;
(ii) Formulate and recommend to the mayor and planning board specific measures for the development of
the city;
(iii) Review and make recommendations to the city council regarding measures considered by it which affect
the development of the city;
(iv) Assist the planning board in the exercise of its responsibilities and in connection therewith to provide all
necessary staff assistance;
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(v) Assist other multi-member bodies which are involved with the physical development of the city or developn
facilities;
(vi) Maintain an inventory of all city-owned real property, rights-of-way,town landings,water bodies,water
courses, and water ways, a record of the use to which each is being put and a record of the city agency
responsible for the management of it; and said inventory shall be updated annually and made available
electronically and by paper;
(vii) Assist with the preparation of the mayor's capital improvement program; and
(viii) Exercise such other powers, duties and responsibilities as may be provided for by both the Gloucester
Code of Ordinances and the Gloucester Zoning Ordinances.
(d) Community Development Director—The community development department shall be managed by a
director of community development who shall be appointed by the mayor, after review and recommendation
by the planning board, and confirmed by the city council.
The community development director shall hold an advanced degree in planning or public administration and
have a minimum of six years increasingly responsible experience in municipal planning, community
development or management.
(Ref. of 11-5-1985; Ord. of 10-11-2011(01))
Section 5-4.- Designer Selection Committee.
(a) Composition, Mode of Selection, Term of Office—There shall be a designer selection committee which shall
consist of three persons appointed by the mayor for each new project. In making his appointments to the
committee the mayor shall seek to assure representation from as many of the following areas as is possible:
architecture, landscape architecture, construction industry, art and finance.
(b) Powers and Duties—Whenever an architect, or designer, is to be engaged by the city for any reason the
designer selection committee shall be consulted and shall make the selection.All designers and architects in
charge of a project shall be registered.
(Ref. of 11-5-1985)
Section 5-5.-City Building Committee.
(a) Composition, Mode of Selection, Term of Office—Whenever an architect, or designer, is engaged by the city a
city building committee shall be established for that project which shall consist of seven members appointed
by the mayor for terms of three years each so arranged that the term of office of as nearly an equal number
as is possible shall expire each year, provided however,that upon the completion of any project for which a
committee is appointed under this section the terms of all members shall be terminated and the committee
dissolved. In making his appointments to the committee the mayor shall assure representation from the
following fields:the construction industry,the building trades,the municipal agency which will be responsible
for the facility upon its completion, a person familiar with the use of such facilities in general, and three
representatives of the public at-large.
(b) Powers and Duties—The committee shall be the representative of the city in all dealings with the architect, or
others.The dealings of the Committee are subject to the pertinent authority of the mayor and chief
procurement officer as provided elsewhere in the Charter and statutes.The authority of the Committee shall
include but not be limited to the following: preparation of all bidding documents; supervision of public bidding
process; award of contract to successful bidder; compliance with the program and time requirements of the
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city; evaluation of the quality, appropriateness and functional attributes of the architect's solution or proposal;
periodic meetings with the architect and builder to assure compliance as the project moves forward; review of
all change orders during the construction phase; and all other powers and duties as are necessary and
appropriate.
(Ref. of 11-5-1985; Ord. of 10-11-2011(01))
ARTICLE 6.- FINANCIAL PROCEDURES
Footnotes:
---(4)---
Code reference—Finance generally,§2-560 et seq.
State Law reference—Municipal finance, M.G.L.A.c.44.
Section 6-1.-Submission of Budget, Budget Summary.
Within the period prescribed by state statute,the mayor shall submit to the city council a proposed budget for the
ensuing fiscal year which shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year, an
accompanying budget message, and supporting documents.
The mayor's summary shall explain the budget for all city agencies both in fiscal terms and in terms of work programs. It
shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features of the
budget, indicate any major changes from the current fiscal year in financial policies, expenditures,and revenues,together
with the reasons for such changes, summarize the city's debt position, and include such other pertinent material as the
mayor deems desirable or the city council may reasonably require.
(Ord. of 10-11-2011(01))
State Law reference—Submission of budget to city council, M.G.L.A. c.44, § 32.
Section 6-2.-Action on the Budget.
(a) Public Hearing—The city council shall,within seven days following its receipt of the proposed budget, publish
in one or more local newspapers the general summary of the proposed budget as submitted by the mayor
and a notice stating: (1)the times and places where copies of the proposed budget are available for inspection
by the public, and (2)the date,time, and place, not less than two weeks after such publication,when a public
hearing on said proposed budget will be held by the city council or a standing committee of the city council.
(b) Adoption—The city council shall adopt the budget,with or without amendments,within forty-five days
following the day the budget is received by it. In amending the budget,the city council may delete or decrease
any programs or amounts except expenditures required by law or for debt service. If the city council fails to
take action with respect to any item in the budget within forty-five days after receipt of the budget, such
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.
(c) Publication—Within forty-five days of adoption a detailed line-item budget shall be published electronically.
(Ref. of 11-8-1983; Ord. of 10-11-2011(01))
State Law reference— Procedures for approval, rejection or alteration of budget, M.G.L.A. c.44, § 32.
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Section 6-3.- Independent Audit.
At least once in every two years an outside audit of the books and accounts of the city shall be made. In the event that
the commonwealth shall fail in any such period to provide for such an audit to be conducted,within sixty days following the
date a written request for them to do so is made by the city council,the city council shall provide for such an audit to be
made by a certified public accountant, or firm of such accountants,who have no personal interests, direct or indirect, in the
fiscal affairs of the city government or any of its officers.
State Law reference— Municipal auditing, M.G.L.A. c.44, §35 et seq.
ARTICLE 7.-ADMINISTRATIVE ORGANIZATION
Footnotes:
---(5)---
Code reference—Administration generally,ch. 2.
Section 7-1.- Reorganization Plans by City Council.
Except as otherwise provided by law or the charter,the city council may by ordinance, reorganize, consolidate, or abolish
any existing city agency in whole or in part, establish new city agencies, and prescribe the functions of any city agency.All city
agencies under the direction and supervision of the mayor shall be headed and administered by officers appointed by him.
Section 7-2.- Reorganization Plans by Mayor.
(a) Submission—The mayor may,from time to time, prepare and submit to the city council reorganization plans
which may, subject to applicable law and the charter, reorganize, consolidate, or abolish any city agency, in
whole or in part, or establish new city agencies, as he deems necessary or expedient. Such reorganization
plans shall be accompanied by an explanatory message when submitted.
(b) Adoption— Every such reorganization plan shall, upon receipt by the clerk of the council, be referred to an
appropriate standing committee of the city council.The city council shall, not more than forty-five days later,
hold a public hearing on the matter and the committee to which it was referred shall,within thirty days
following such hearing, issue a report stating either that it approves or that it disapproves of the plan.A
reorganization plan shall become effective one hundred twenty days after the date it is received by the city
council unless the city council has prior to that date,voted to disapprove the reorganization plan.A
reorganization plan presented by the mayor to the city council under this section, may not be amended by it,
but shall either be approved or rejected as submitted and shall not be subject to the objection as provided in
section 2-11(c).
(Ord. of 10-11-2011(01))
Section 7-3.- Publication of Reorganization Plan.
An up-to-date record of any reorganization plan under this article shall be kept on file in the office of the city clerk and
copies of all such plans shall be included as an appendix in any publication of the ordinances of the city.
Section 7-4.- Multiple-Member Bodies, Composition,Term of Office.
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Except as otherwise directed by law, all multiple-member bodies shall consist of three or more members appointed for
terms of three years each, so arranged that the term of one third of the members, or as nearly that number as may be, shall
expire each year.
Code reference— Boards, commissions, councils and committees generally, § 2-400 et seq.
Section 7-5.- Expiration of Terms.
Every appointment to city office shall begin on the fifteenth day of February for the term specified in the charter, or by
ordinance, and shall continue until a successor is chosen and qualified, but in no case longer than six months when the office
shall be declared vacant.
(Ref. of 11-3-1987)
Section 7-6.- Notice of the Expiration of Terms.
(a) Multiple-Member Bodies—Whenever a vacancy occurs on a multiple-member body,whether because of a
death, a resignation, removal from the city or the pending expiration of a term for which a person has been
appointed public notice of the vacancy or pending expiration of the term shall be given in the following
manner:
(i) By publication in a local newspaper or city's website, by title, length of term, brief description of duties
and a general indication of the qualities or attributes desired of candidates. Such notice shall also state
the time within which persons who desire to be considered for appointment to such offices shall file a
statement of interest,with whom, and shall indicate the form on which such application should be made.
(i i) A copy of all such notices shall be posted in one or more public places within the city.
(iii) At least twice a year a list containing all of the information in (i)above shall be sent to each organization
in the city which has filed its name and mail address with the city clerk, and a request in writing,to
receive such information.
(b) City Office—Whenever a vacancy occurs in a city office, but not including the expiration of a fixed term of
office when re-appointment of the incumbent is to be made, notice of the vacancy shall be given in the
manner provided in (a)(i)and (ii)above and by publication in appropriate professional newsletters,journals
and other publications.
(Ord. of 10-11-2011(01))
Section 7-7.- Information to be Given New Appointees.
In order to acquaint new members of multiple-member bodies with the work which will come before them,the chairman
of each such body shall make available to each new member,the minutes of the meetings for the two prior years and copies
of any applicable laws, rules or regulations governing the body. In addition,the chairman shall,within thirty days following
any new appointment, meet with the new member and provide such orientation to the duties and responsibilities as may be
deemed necessary or desirable.
Section 7-8.-Applications to be Public; Exceptions.
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All applications for appointment to any city office which constitutes a department head shall be open to inspection by the
public.All such applications shall be kept in a record book, in the office of the city clerk,for a period of one year from the date
of filing, provided however, if any applicant requests that his application be kept confidential it shall be so kept and a copy
shall not be made available for public inspection.The mayor,and any other official who by reason of his public office or
employment becomes aware of such confidential applications, shall respect the request of the applicant and shall not in any
way breach the confidentiality requested.
Section 7-9.- Meetings with City Council.
The city council may, at least once during its term of office, hold a joint meeting with multiple-member bodies of the city
for the purpose of sharing information and concerns.Where appropriate,the city council may meet with two or more
multiple-member bodies which deal with the same general subject matter, at one meeting.The city council may delegate this
responsibility to one or more of its standing committees.
(Ord. of 10-11-2011(01))
Section 7-10.- Relations with Standing Council Committees.
Minutes of all meetings of all multiple-member bodies shall be filed with the clerk of the city council.The clerk of the city
council shall keep the city council informed of the receipt of all such minutes by noting on the agendas for all meetings of the
city council,the minutes of multiple-member bodies received in the period since the previous agenda was prepared.
The city council may assign general oversight of multiple-member bodies to an appropriate standing committee of the
city council in order to effect close coordination and liaison between such multiple-member bodies and the city council.
(Ord. of 10-11-2011(01))
Section 7-11.- Political Activity.
Any city officer, member of a multiple-member body or city employee may, in his capacity as a private citizen, become
involved in a local campaign for the election of a candidate to any city office or a campaign in favor of or in opposition to any
other local issue which is to go before the voters of the city or the members of the city council, provided however,that
personal participation by such persons shall not be made while actively engaged in his municipal duties and further,that no
use whatsoever is made of the facilities, or the title or other description by which the city office, or multiple-member body or
city employment which they hold, is known.
Section 7-12.- Management Audits.
(a) /n General—A complete management audit of each city agency shall be made at least once every eight years
in order to accomplish the following purposes:
(i) To identify any areas which hinder or prevent the city agency from performing its assigned
responsibilities,goals or objectives and to offer suggestions for the removal of such obstacles and to
suggest ways in which the responsibilities,goals or objectives might better be met;
(ii) To evaluate the adequacy of management practices being utilized in the agency with respect to fiscal
controls and use of available personnel and equipment;
(iii) To suggest specific ways and means by which the functions and services of the agency might be
improved.
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(b) Elements to be Considered— Each such management audit shall include, but need not be limited to, a
consideration of the following:
(i) Organization, staffing and manpower;
(i i) Adequacy of financial controls;
(iii) Facilities and equipment;
(iv) Goal setting, long and short range;
(v) Procurement practices;
(vi) Overtime policies;
(vii) Cost companions with other municipalities and comparable private enterprise activities.
(c) Organization of Reports— Each management audit shall consist of the following parts:
(i) Introduction —A brief explanation of methods used;
(i i) Scope—A statement of the extent of the examination made;
(iii) Major Contacts—A listing of the names of all persons interviewed in the conduct of the audit and an
outline of the procedures used;
(iv) Findings— Details of the practices found during the audit,which in the opinion of the audit team, require
modification or other change in order to strengthen and improve the agency and its performance;
(v) Recommendations—Specific suggestions for action either by the agency through changes in its own
internal policies or requiring action by the city council, based upon specific findings made.
(d) Administration—The city council shall be responsible for the conduct of all management audits under this
section. It shall award all contracts for such audits and shall,through its standing committee on ordinances
and city administration, oversee the conduct of all such audits and the implementation of recommendations
made therein.The city council may delegate the details of such overview to the city auditor or other designee
who shall keep them fully informed of the implementation of the changes suggested in such audit reports by
the city agencies concerned.
Section 7-13.-Annual Report of the City.
(a) in General—An annual report which contains a general summary of the activity of all city agencies shall be
published.The annual report shall contain reports by the mayor,the city treasurer, city council,the city
auditor,the school committee,and such other officers and multiple-member bodies as may be required by
ordinance to provide such reports.The annual report may be published in a local newspaper or on city's
website,for the convenience of the inhabitants, and additional copies shall be made available in the office of
the city clerk for distribution upon request.
(b) Application Forms to be Included—A form shall be provided in each annual report upon which voters of the
city may make application for appointment as a member of a multiple-member body of the city,which may
become vacant during the ensuing year.All such applications shall be retained for a period of three years from
their receipt.
(Ord. of 10-11-2011(01))
State Law reference—Annual reports, M.G.L.A. c.40, §49.
Section 7-14.- Loss of Office, Excessive Absence.
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If any person who is appointed to serve as a member of a multiple-member body shall fail to attend six or more
consecutive meetings of the body or more than half of the meetings held in any one calendar year,the mayor shall,after at
least seven days written notice of the mayor's intent to do so delivered to the member's place of residence, declare his place
to be vacant. In assisting the mayor in his decision,the chairman of the multiple-member body shall provide the mayor with
the attendance record of the prior 12 months and any other information that is needed or desired.
(Ref. of 11-3-1987)
Section 7-15.- Personnel Practices.
(a) Merit Principle—All appointments and promotions of city officers, members of multiple-member bodies and
city employees shall be made solely on the basis of merit and fitness demonstrated by examination or other
evidence of competence and suitability.
(b) Civil Service Probationary Period— Not less than thirty days before the expiration of any probationary period
in which a city employee is serving the immediate supervisor of such employee shall file a written report with a
recommendation concerning such probationary employee attaining permanent status with the appointing
authority and the mayor. Such report shall be signed by the appointing authority and the mayor and be
retained in the personnel file of such employee, and a copy shall be made available to the said employee.
(c) Personnel Report—The mayor shall annually together,with the submission of the fiscal year budget,file with
the city council standing committee on ordinances and administration, a report listing all persons in the
employ of the city and their status as such employee whether regular civil service, provisional civil service or
not subject to civil service as the case may be and the date on which their employment by the city commenced
in such position.
(Ref. of 11-8-1983; Ord. of 10-11-2011(01))
Code reference—Officers and employees generally, §2-40 et seq.
State Law reference—Civil service, M.G.L.A. c. 31.
Section 7-16.- Director of Public Works.
The director of public works shall be responsible for the supervision of all public works activities of the city, provided
however,that the following powers and duties relating to public works shall be exercised in the manner hereinafter
indicated:
(a) Any rate,fee or other charge shall be referred by the director of public works to the mayor for his review.
The mayor shall file a notice with the city council of any change in rates,fees or other charges which is
proposed and no such rate,fee or other charge shall be effective until it has been approved by the city
council or more than ninety days following the filing of notice with the city council has elapsed without
action by the city council;
(b) All rules and regulations regarding the use of public beaches, parks, playgrounds and other municipal
facilities shall be referred by the director of public works to the mayor for his review.The mayor shall file
a notice of such proposed rules and regulations with the city council and no such rule or regulation shall
become effective until it has been approved by the city council or more than ninety days following the
filing of notice with the city council has elapsed without action by the city council.
Code reference— Department of public works generally, § 2-280 et seq.
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Sections 7-17,7-18.- Reserved.
Editor's note— Former§§ 7-17 and 7-18, designer selection committee and city building committee, have been replaced by
§§ 5-4 and 5-5, respectively, of this charter, added by referendum of November 5, 1985.
Section 7-19.- Reports of the City Treasurer.
The city treasurer shall, at least semi-annually,file with the city council a report which contains a detailed listing of all
banks,trust companies and other depositories where city funds were held on deposit,whether time deposits or demand
deposits,the length of time such funds were so held,the interest if any, earned on such deposits and the average daily
balance for the period reported on held in each such depository. Said report shall also contain a listing of all other
investments made by the city treasurer within the period covered by the report.
Code reference—City treasurer generally, § 2-70 et seq.
Section 7-20.-City Water Systems Ownership.
The City of Gloucester's water supply and distribution shall be owned by the city and shall not be sold, leased or
otherwise transferred unless and until the city council, under section 9-5("Submission of Proposed Measure to Voters"),
submits the question of sale, lease or transfer of ownership to a referendum vote of the voters for adoption or rejection;
provided, however that the sale, lease or transfer of the water supply and distributions systems shall require at least two-
thirds of the votes on such question to have approved such sale, lease or transfer. (Amended by Chapter 92 of the Acts of
2011)
(Ord. of 10-11-2011(01))
ARTICLE 8.- NOMINATIONS AND ELECTIONS
Footnotes:
---(6)---
Code reference—Elections generally, ch. 7.
State Law reference—Election of officers,M.G.L.A.c.41,§1 et seq.;method of electing officers,M.G.L.A.c.438,§ 18;elections generally,
M.G.L.A. cs. 50-57.
Section 8-1.-City Elections: General and Preliminary.
The regular city election shall be held on the first Tuesday following the first Monday in November in each odd-numbered
year.
On the fifth Tuesday preceding every regular city election there shall be held a preliminary election for the purpose of
nominating candidates.
(Ord. of 10-11-2011(01))
(Ref. of 11-5-1985)
Section 8-2.- Nonpartisan Elections.
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All elections of city officers shall be nonpartisan, and election ballots for such officers shall be printed without any party
mark emblem, or designation whatsoever.
Section 8-3.- Preliminary Elections.
(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
three hundred;for the office of school committee member not less than one hundred-fifty;for the office of
councilor at-large not less than one hundred-fifty; and for the office of ward councilor not less than seventy-
five signatures of voters of the ward.
(b) Ballot Position—The order in which names of candidates appear on the ballot for each office shall be
determined by a drawing by lot conducted by the city clerk in the presence of such candidates or their
representatives.
(c) Determination of Candidates for Election—The two persons receiving at a preliminary election the highest
number of votes for nomination for an office shall be the sole candidates for that office whose names shall be
printed on the official ballot to be used at the regular election at which such office is to be filled,and no
acceptance of a nomination at a preliminary election shall be necessary to its validity. If two or more persons
are to be elected to the same office at such regular election,the several persons in number equal to twice the
number so to be elected receiving at such preliminary election the highest number of votes for nomination for
that office shall be the sole candidates for that office whose names shall be printed on the official ballot.
If the preliminary election results in a tie vote among candidates for nomination receiving the lowest number of votes
which, but for said tie vote,would entitle a person receiving the same to have his name printed upon the official ballot for the
election, all candidates participating in said tie vote shall have their names printed upon the official ballot, although in
consequence there be printed thereon candidates to a number exceeding twice the number to be elected.
(d) Nomination of Candidates, Conditions Making Preliminary Election Unnecessary— If at the expiration of the
time for filing statements of candidates to be voted for 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 thus been filed shall be deemed to have been nominated to said
office, and their names shall be voted on for such office at the succeeding regular election, and the city clerk
shall not print said names upon the ballot to be used at said preliminary election and no other nomination to
said office shall be made. If in consequence it shall appear that no names are to be printed upon the official
ballot to be used at any preliminary election in any ward or wards of the city, no preliminary election shall be
held in any such ward or wards.
Section 8-4.- Regular Election.
Ballot Position—The order in which names of candidates appear on the ballot for each office in a regular city election
shall be determined by a drawing by lot conducted by the city clerk in the presence of such candidates or their
representatives.
Section 8-5.-Special Election for Mayor.
Whenever a special election is to be held for the office of mayor under the provisions of section 3-11(a), no preliminary
election shall be held.All candidates who file nomination papers which are certified by the board of registrars of voters to
contain the number of signatures of voters required by section 8-3(a)shall be entitled to have their names appear upon the
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ballot for the said election.The candidate who receives the highest number of votes shall be declared elected.
Section 8-6.-Wards.
The territory of the city shall be divided into five 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 insofar as possible by the center
line of known streets or ways or by other well-defined limits. Each ward shall be divided into voting precincts in accordance
with state statutes.The city council shall from time to time review such wards to insure their uniformity in number of
inhabitants.
Code reference—Wards and precincts generally, §7-15 et seq.
Section 8-7.-Application of State Laws.
Except as expressly provided in the charter and authorized by state 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,the conduct of
preliminary, regular, and special elections,the submission of charter amendments and other propositions,the counting of
votes, and the declaration of results.
State Law reference—Applicability of state election laws, M.G.L.A. c.4313, § 17.
ARTICLE 9.- FREE PETITION; INITIATIVE; REFERENDUM; RECALL
Footnotes:
---(7)---
Editor's note—An ordinance adopted Oct. 11, 2011, changed the title of Art. 9 from"Free Petition;Initiative;Referendum"to"Free Petition;
Initiative;Referendum;Recall."
Code reference—Elections generally, ch. 7.
Section 9-1.- Free Petition.
(a) individual Petitions,Action Discretionary—The city council and the school committee shall receive all petitions
signed by one or more voters and addressed to either of them and may, in their discretion,take such action in
regard to such petitions as they deem necessary and advisable.
(b) Group Petitions,Action Required—The city council or the school committee shall hold a public hearing and
act with respect to every petition which is addressed to it and which is signed by at least one hundred fifty
voters.The hearing shall be held by the city council or the school committee, or in either case, by a committee
or subcommittee thereof,and the action by the city council or school committee shall commence not later
than three months after the petition is filed with the clerk of the council or secretary of the school committee.
Hearings on two or more petitions filed under this section may be held at the same time and place.The clerk
of the council or the secretary of the school committee shall mail notice of the hearing to the ten petitioners
whose names first appear on each such petition at least seven days before the hearing.The city council or the
school committee shall publish in one or more local newspapers a general summary of the subject matter of
such petitions and a notice stating: (1)the times and places where copies of the citizen petitions are available
for inspection by the public, and (2)the date,time, and place not less than two weeks after such publication,
when a public hearing on said petitions will be held by the city council or school committee.
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(Ord. of 10-11-2011(01))
Section 9-2.-Citizen Initiative Measures.
(a) Commencement of Proceedings— Initiative procedures shall be started by the filing of an initiative petition
with the clerk of the council or[the] secretary of the school committee[,] as may be.The petition shall be
addressed to the city council or to the school committee, shall contain a request for passage of a particular
measure set forth in the petition, and shall be signed by not less than ten per cent of the total number of
voters. Signatures to initiative petitions need not be all on one paper.All such papers pertaining to any one
measure shall be fastened together and shall be filed in the office of the registrars of voters as one
instrument,with the endorsement thereon of the name and address of the person designated as filing the
same.With each signature to the petition shall be stated the place of residence of the signer,giving the street
and number, if any.
Within five days after the filing of said petition[,]the registrars of voters shall ascertain by what number of voters the
petition is signed,and what percentage that number is of the total number of voters, and shall attach thereto their certificate
showing the result of such examination.
The registrars of voters shall hold the petition and their certificate available for public inspection during ordinary office
hours for two full days, and unless written objections to the certificate of the registrars of voters are filed by a voter within
said period,the registrars of voters certificate shall be deemed conclusive. If objections are so filed,they shall be disposed of
forthwith in the manner provided by general laws, chapter 53.
If no objections are so filed,the registrars of voters shall forthwith transmit the said certificate with the said petition to
the city council or to the school committee,according as the petition is addressed,and at the same time shall send a copy of
said certificate to the person designated on the petition as filing the same.
(b) Referral to City Solicitor— If the registrars of voters determine that a sufficient number of the signers are
voters,the clerk of the council or the secretary of the school committee shall transmit a copy of the petition to
the city solicitor.Within fifteen days after his receipt of the petition the city solicitor shall advise the clerk of
the council or the secretary of the school committee in writing whether the measure may be proposed by
initiative procedures and whether it may lawfully be passed by the city council or the school committee. If the
opinion of the city solicitor is that the measure may not lawfully be passed, he shall state his reason or reasons
therefor in his reply.The clerk of the council or the secretary of the school committee shall furnish a copy of
the solicitor's opinion to the person designated on the petition as filing the same and to the first ten
petitioners.
(c) Action on Petition—Within thirty days after an initiative petition is presented to the city council or the school
committee, and after publication and a public hearing, in the same manner as provided in section 2-11(e)for
ordinances and loan orders,the city council or the school committee shall act with respect to the initiative
measure by passing it without change, or by rejecting it, or by passing some other measure stated to be in lieu
thereof.The passage of a measure in lieu of an initiative measure shall be deemed a rejection of the initiative
measure. If the city council or the school committee fails to act with respect to the initiative measure as
required by this section within thirty days after presentation,the measure shall be deemed to have been
rejected on the thirtieth day after presentation. If an initiative measure is rejected,the clerk of the council or
secretary of the school committee shall promptly give written notice of that fact to the first ten petitioners.
Initiative measures shall not be subject to charter objections as provided in section 2-11(c).
(d) Supplemental Petitions—Within forty-five days after notice of the rejection of an initiative measure has been
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given by the clerk of the council or secretary of the school committee, a supplemental initiative petition
addressed to the city council or the school committee may be filed in the office of the registrars of voters.The
supplemental initiative petition shall be signed by a number of additional voters which is at least equal to five
per cent of the total number of voters. If the number of signatures to a supplemental initiative petition is
deemed sufficient by the registrars of voters,the city council shall provide for submission of the initiative
measure to the voters at the next regular city election.The provisions of section 9-2(a)shall apply insofar as
applicable to such petition.
(e) Immediate Submission to Voters— If the supplemental initiative petition is signed by a number of additional
voters which is at least equal to ten per cent of the total number of voters as aforesaid,the city council shall
call a special election to be held on a Tuesday fixed by it not less than thirty nor more than forty-five days after
the date of the certificate hereinbefore mentioned,and shall submit the proposed measure without alteration
to a vote of the voters at that election; provided,that if any city election is otherwise to occur within one
hundred and twenty-five days after the date of said certificate,the city council may, at its discretion, omit
calling the special election and submit the proposed measure to the voters at such approaching election.
(f) Publication—The full text of the measure shall be published in at least one local newspaper at least seven
days before the election at which the question is to appear on the ballot.
(g) Form of Ballot—The ballots used when voting upon a proposed measure 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?
(Text of measure or a fair, concise summary prepared by the city solicitor and approved by the registrars of
voters) 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 forthwith, unless a later date is specified in the measure.
(Ord. of 10-11-2011(01))
State Law reference— Provisions relating to initiative petitions, M.G.L.A. c.43, §37 et seq.
Section 9-3.-Citizen Referendum Procedures.
(a) Referendum Petition, Effect on Final Approval— If,within twenty-one days after the final approval of any
measure by the city council or by the school committee, a petition signed by voters equal in number to at least
ten percent of the total number of voters, and addressed to the city council or to the school committee as the
case may be, protesting against such measure or any part thereof taking effect, is filed in the office of the
registrars of voters the same shall thereupon and thereby be suspended from taking effect.The city council or
the school committee, as the case may be, shall forthwith reconsider such measure or part thereof, and if such
measure or part thereof is not entirely rescinded,the city council shall submit the same, by the method herein
provided,to a vote of the voters either at the next regular city election, or at a special election which may, in its
discretion, be called for the purpose, and such measure or part thereof shall forthwith become null and void
unless a majority of the voters voting on the same at such election vote in favor thereof.
(b) Certain Initiative Procedures to Apply—The petition described in this section shall be termed a referendum
petition and insofar as applicable sections 9-2(a),(b), and (f), shall apply to the procedure in respect thereto,
except that the words"measure or part thereof protested against"shall for this purpose be understood to
replace "measure" in said section whenever it may occur,and "referendum"shall be understood to replace the
word "initiative" in said section.
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State Law reference— Provisions relating to referendum petitions, M.G.L.A. c.43, §42 et seq.
Section 9-4.- Initiative and Referendum; Ineligible Measures.
None of the following measures shall be subject to initiative or referendum procedures: (1) proceedings relating to the
organization or operation of the city council or school committee, (2)an emergency measure adopted in conformity with the
charter, (3)the city budget or the school committee budget as a whole,(4) revenue loan orders, (5)any appropriations for the
payment of the city's debts or obligations,(6)appropriations of funds necessary to implement a written agreement executed
under collective bargaining,(7)any proceedings, or part thereof, relating to the election, employment, appointment,
suspension,transfer, demotion, removal or discharge of any city officer or employee,(8)any proceedings repealing or
rescinding a measure, or a part thereof,which is protested by referendum procedure and (9)any proceeding providing for
the submission or referral of a matter to the voters at an election.
Section 9-5.-Submission of Proposed Measure to Voters.
The city council may, of its own motion, and shall, upon request of the school committee if a measure originates with that
committee and pertains to the affairs under its administration, submit to a vote of the voters for adoption or rejection at a
general or special city election any proposed measure, or a proposition for the repeal or amendment of any measure, in the
same manner and with the same force and effect as are hereby provided for submission on petition.
Section 9-6.- Measures with Conflicting Provisions.
If two or more proposed measures passed at the same election contain conflicting provisions, only the one receiving the
greater number of affirmative votes shall take effect.
Section 9-7.-Advisory Questions to Voters.
At each regular city election there may appear on the ballot up to three nonbinding advisory questions to determine
voter sentiment.Two of these questions shall be proposed by the city council and shall deal with the affairs of the city in
general.The third question may be posed by the school committee and shall, if so used, deal with a question relating to
affairs under its jurisdiction. In the event that the city council or the school committee do not use the questions allowed them
under this section,the city council or school committee may propose up to three questions.
Within three months following the organization of the city government following each election the city council or the
school committee shall take up the subject matter of the advisory questions which were proposed by it and act upon their
merits.
Nothing in this section shall preclude the public from initiating an advisory question under General Laws chapter 53
section 18A and article 9 of the city charter.
(Ref. of 11-3-1987)
Section 9-8.- Recall—City of Gloucester.
The holder of any elective office may be removed at any time by the voters qualified to vote at city elections, and the
procedure to effect his removal shall be as follows: a petition signed by a number of the voters of the city qualified to vote at
city elections equal to at least twenty per cent of the aggregate number of registered voters in the city, and demanding an
election of a successor of the person sought to be removed, shall be filed in the office of the city clerk.The petition shall
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contain a general statement of the grounds for which the removal is sought. It need not be on one paper, but may consist of
several distinct papers, each containing the said demand,and substantially upon the same grounds; and all papers
containing such demand and statement,which in any one day shall be filed in the office of the city clerk, shall be deemed
parts of the same petition. Each signer shall add to his signature his place of residence, on the preceding first day of January,
giving the street and the street number if any. One signer of every such paper shall make oath upon his information and
belief, before a notary public or a justice of the peace,that the statements therein made are true, and that each signature to
the paper is the genuine signature of the person whose name it purports to be.
Within ten days after the date of filing the petition,the city clerk,with the assistance of the registrars of voters, shall
examine the petition to ascertain whether or not it is signed by the required number of qualified voters, as above described,
and shall attach to the petition a certificate, showing the result of his examination.
If the petition is certified by the city clerk to be sufficient, he shall present the same to the city council without delay, and
the city council shall call an election so demanded, and fix a date for holding the same,which shall not be less than thirty nor
more than forty-five days after the date of the presentation of the petition by the city clerk to the city council.The city clerk
shall make or cause to be made all arrangements for holding such election, and the same shall be held and conducted,
returns thereof made and the results thereof declared in all respects as in the case of other city elections.The successor of
any elected official so removed shall hold the office during the unexpired term of his predecessor.Any person sought to be
removed may be a candidate at the election, and unless he requests otherwise in writing,the city clerk shall place his name
on the official ballots without nomination.The candidate receiving the highest number of votes shall be declared elected. If
some person other than the incumbent received the highest number of votes,the incumbent shall thereupon be deemed to
be removed from office. In case a person, other than the incumbent, receiving the highest number of votes shall fail to make
oath before the city clerk or a justice of the peace,within five days after his election,faithfully to perform the duties of the
office,the office shall be deemed vacant. If the incumbent receives the highest number of votes, he shall continue in office
until the end of the term which he was serving at the time of the said election, unless sooner removed therefrom by new and
like proceedings.The name of no candidate, other than that of the person sought to be removed, shall be printed on the
official ballots to be used at the election, unless the candidate be nominated as hereinbefore provided, at a preliminary
election for nomination.
No recall petition shall be filed against an elected official of said city within three months after he takes office, nor in the
case of an officer subjected to a recall election and not removed thereby, until at least six months after that election.
No person who has been recalled from an office in said City of Gloucester,who has resigned from office while recall
proceedings were pending against him, shall be appointed to any city office within five years after such removal by recall or
resignation.This shall not preclude any person from running for elected office within said city.
(Ref. of 11-5-1985; Ord. of 10-11-2011(01))
ARTICLE 10.-GENERAL PROVISIONS
Section 10-1.-Charter Changes.
(a) in General—This Charter may be replaced, revised or amended in accordance with the procedures made
available by article LXXXIX(eighty-nine) of the amendments to the state constitution and any legislation
enacted to implement the said amendment.
(b) Periodic Review—The city council standing committee on ordinances and administration shall in each year
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ending in zero review the charter and submit a report with recommendations to the full city council
concerning any proposed amendments or revisions to the charter.
Section 10-2.-Severability.
The provisions of the charter are severable. If any provision of the charter is held invalid,the other provisions of the
charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstances
is held invalid,the application of the charter and its provisions to other persons and circumstances shall not be affected
thereby.
Section 10-3.-Specific Provisions Shall Prevail.
To the extent that any specific provision of the charter shall conflict with any provision expressed in general terms,the
specific provision shall prevail.
Section 10-4.- Rules and Regulations.
A copy of all rules and regulations adopted by any city agency shall be filed in the office of the city clerk and made
available for review by any person who requests such information and no such rule or regulation shall become effective until
it is so filed.
Section 10-5.- Reenactment and Publication of Ordinances.
The city council shall at five-year intervals cause to be prepared a proposed revision or recodification of all city
ordinances which shall be submitted to the city council for reenactment.The city council shall adopt the proposed revision or
recodification with or without amendment prior to the expiration of the calendar year in which it is submitted to them. Such
revisions or recodifications shall be prepared under the supervision of the city solicitor, or city clerk, or if the city council so
directs, by special counsel retained for that purpose. Copies of the revised or recodified ordinances shall be made available
for distribution, provided however,that a charge not to exceed the actual cost per copy of reproduction may be charged.
In each year between such reenactments[,] an annual supplement shall be published which shall contain all ordinances
and amendments to ordinances adopted in the preceding year.
(Ord. of 10-11-2011(01))
Section 10-6.- Procedures.
(a) Meetings—All multiple-member bodies of the city,whether elected or appointed or otherwise constituted,
shall meet regularly at such times and places within the city as they may prescribe. Special meetings of any
multiple-member body shall be held on the call of the respective chairman or by one-third of the members
thereof by written notice delivered in hand or to the residence or place of business of each member at least
twenty-four hours in advance of the time set.A copy of the said notice shall also be posted on the city bulletin
board(s). Special meetings of any multiple-member body shall also be called within one week after the date of
the filing with the city clerk of a petition signed by at least one hundred fifty voters and which states the
purpose or purposes for which the meeting is to be called. Except as otherwise authorized by general laws, all
meetings of all multiple-member bodies shall be open to the public and to the press.
(b) Rules and Minutes— Each multiple-member body shall determine its own rules and order of business unless
otherwise provided by the charter or by law and shall provide for keeping minutes of its proceedings.These
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rules and minutes shall be a public record, and certified copies of each shall be placed on file in the office of
the city clerk.
(c) Voting— If requested by any member, any vote of any multiple-member body shall be taken by a roll call vote
and the ayes and nays shall be recorded in the minutes, provided, however,that if the vote is unanimous, only
that fact need be recorded.
Each multiple-member body shall establish and maintain, by its own rules, a list of specific types of actions which will
require an accompanying statement of purpose.The statement of purpose shall contain the reasons why the majority of the
multiple- member body voted for or against. Such statements shall be entered upon the records of the multiple-member
body, in full,for the purpose of providing guidance to future bodies regarding matters that might again be brought before
the body, matters that might be the subject of court action, or any other matter requiring the intent of the members of the
multiple-member body when voting.
(d) Quorum—A majority of the members of a multiple-member body shall constitute a quorum, but a smaller
number may adjourn from time to time.
(e) Filings with Multiple-Member Bodies— Unless otherwise provided by statute,the charter, or by ordinance, all
applications or petitions which are to be acted upon by a multiple-member body shall be made in the first
instance with and to the full multiple-member body.A record shall be made in the minutes of the receipt of all
such applications or petitions.The multiple-member body may, upon such receipt, by vote, refer such matters
to a sub-committee, or to a paid employee for negotiation, solicitation or further information, or otherwise,to
report back to the full multiple-member body before any final action is taken on the matter.
(Ord. of 10-11-2011(01))
Section 10-7.- 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 10-8.- References to General Laws.
All references to the general laws contained in the charter refer to the general laws of the Commonwealth of
Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the
corresponding chapters and sections or any rearrangement of the general laws enacted subsequent to the adoption of the
charter.
Section 10-9.- Definitions.
Unless another meaning is clearly apparent from the manner in which the word is used,the following words as used in
the charter shall have the following meaning:
(a) Charter—The word "charter" shall mean this charter and any amendments to it made through any of
the methods provided under Article LXXXIX(eighty-nine)of the amendments to the State Constitution.
(b) City—The word "city"shall mean the City of Gloucester.
(c) City Agency—The words"city agency" shall mean any board, commission, committee, department or
office of the city government.
(d) Emergency—The word "emergency"shall mean a sudden, unexpected, unforeseen happening,
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occurrence, or condition which necessitates immediate action.
(e) Full Council—The words "full council" shall mean the entire authorized complement of the city council
notwithstanding any vacancies which might exist.
(f) Full School Committee—The words"full school committee" shall mean the entire authorized
complement of the school committee notwithstanding any vacancies which might exist.
(g) Initiative Measure—The words "initiative measure" shall mean a measure proposed by initiative
procedures under the charter.
(h) Local Newspaper—The words "local newspaper" shall mean a newspaper of general circulation within
the City of Gloucester.
(i) Majority Vote—The words "majority vote" shall mean a majority of those present and voting, provided
that a quorum of the body is present.
Q) Measure—The word "measure"shall mean an ordinance adopted or which could be adopted by the city
council, or an order, resolution,vote or other proceeding adopted or which could be adopted by the city
council or the school committee.
(k) Municipal Facilities—[The words "municipal facilities"] shall mean use of land or structures by the City of
Gloucester for purposes of public maintenance and operations, public utilities, public works, and other
similar public functions, and for public beaches, parks, playgrounds, parking areas, and other similar
public uses.
(1) Multiple-Member Body—The words "multiple-member body" shall mean any appointed body consisting
of two or more members.
(m) Planning Board—The words "planning board" shall mean any other board or office performing the
duties of a planning board for the city.
(n) Ref. Measure—The words"referendum measure" shall mean a measure protested by referendum
procedures under the charter.
(o) Voters—The word "voters" shall mean registered voters of the City of Gloucester.
(Ord. of 10-11-2011(01))
Section 10-10. -Certificate of Election and Appointment; Oath of Office.
Every person who is elected, including those elected by the city council, or appointed by the mayor to an office shall
receive a certificate of such election or appointment from the city clerk.
Except as otherwise provided by law, before performing any act under his election or appointment, he shall take and
subscribe to an oath to qualify him to enter upon his duties.A record of the taking of such oath shall be made by the city
clerk.An oath required by this section may be administered by the mayor or any officer authorized by law to administer
oaths.
State Law reference—Oath of office for city officers, M.G.L.A. c.41, § 107.
ARTICLE 11. -TRANSITIONAL PROVISIONS
Section 11-1.-Continuation of Existing Ordinances.
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All ordinances, rules, regulations and resolutions of the city which are in force at the time the charter is adopted, not
inconsistent with the provisions of the charter, shall continue to be in force until amended or repealed; provided, however,
that the mayor shall be deemed to be the city manager wherever such officer is referred to in any law, ordinance, rule,
regulation or resolution.
Section 11-2.-Continuation of Government.
All city agencies shall continue to perform their duties until reappointed, re-elected, or until successors to their respective
positions are duly appointed or elected or their duties have been transferred to another city agency.
Section 11-3.-Continuation of Administrative Personnel.
Any person holding an office or position in the administrative service of the city, or any person serving in the
employment of the city shall retain such office, position or employment and shall continue to perform his duties until
provisions shall have been made for the performance of the said duties by another person or agency; provided, however,
that no person in the permanent full-time service or employment of the city shall forfeit his pay grade or time in service.All
such persons shall be retained in a capacity as similar to their former capacity as is practicable.
Section 11-4.-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 forthwith to the city agency to which such powers and
duties are transferred and assigned.
Section 11-5.- 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 the charter, and all taxes, special 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
herein otherwise provided, 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 the adoption of the charter.
Section 11-6.- Disposition of Special Laws.
(a) Certain Special Laws Partially Repealed—The following special laws, insofar as they confer a power on the
City of Gloucester which the city would not otherwise be permitted to exercise under the constitution or
general laws are retained; otherwise,they are hereby repealed, it being the explicit intent of this paragraph
that portions of any special laws retained which limit or restrict a power conferred or the manner in which it is
to be exercised be repealed and that powers so conferred are to be exercised in accordance with the charter:
Chapter 365,Acts of 1853; Chapter 143,Acts of 1869;
Chapter 451,Acts of 1895; Chapter 137,Acts of 1917;
Chapter 14,Acts of 1925; Chapter 224,Acts of 1925;
Chapter 260,Acts of 1956; Chapter 343,Acts of 1956;
Chapter 522,Acts of 1958; Chapter 339,Acts of 1959;
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Chapter 631,Acts of 1963; Chapter 693,Acts of 1967.
(b) Certain Special Laws Repealed-The following special laws are hereby repealed:
Chapter 130,Acts of 1859; Chapter 222,Acts of 1864;
Chapter 226,Acts of 1890; Chapter 389,Acts of 1890;
Chapter 441,Acts of 1896; Chapter 323,Acts of 1900;
Chapter 254,Acts of 1917; Chapter 100,Acts of 1965;
Chapter 559,Acts of 1965; Chapter 751,Acts of 1967.
(c) Certain Special Laws Repealed-Action Taken Thereunder Preserved-The following special laws are hereby
repealed; provided, however, such action shall not be construed to revoke, or to invalidate or otherwise alter
things done in compliance with or under the authority of such special laws heretofore:
Chapter 371,Acts of 1869; Chapter 246,Acts of 1873;
Chapter 167,Acts of 1881; Chapter 191,Acts of 1886;
Chapter 128,Acts of 1888; Chapter 64,Acts of 1889;
Chapter 127,Acts of 1891; Chapter 326,Acts of 1891;
Chapter 106,Acts of 1895; Chapter 459,Acts of 1897;
Chapter 352,Acts of 1902; Chapter 176,Acts of 1908;
Chapter 611,Acts of 1908; Chapter 351,Acts of 1914;
Chapter 396,Acts of 1914; Chapter 142,Acts of 1917;
Chapter 188,Acts of 1917; Chapter 63,Acts of 1920;
Chapter 409,Acts of 1923; Chapter 32,Acts of 1924;
Chapter 60,Acts of 1924; Chapter 464,Acts of 1924;
Chapter 48,Acts of 1926; Chapter 98,Acts of 1927;
Chapter 124,Acts of 1930; Chapter 345,Acts of 1930;
Chapter 221,Acts of 1931; Chapter 121,Acts of 1935;
Chapter 160,Acts of 1938; Chapter 109,Acts of 1941;
Chapter 135,Acts of 1943; Chapter 34,Acts of 1943;
Chapter 338,Acts of 1948; Chapter 161,Acts of 1949;
Chapter 175,Acts of 1949; Chapter 390,Acts of 1949;
Chapter 619,Acts of 1950; Chapter 188,Acts of 1951;
Chapter 295,Acts of 1951; Chapter 234,Acts of 1952;
Chapter 161,Acts of 1953; Chapter 322,Acts of 1954;
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Chapter 97,Acts of 1955; Chapter 177,Acts of 1955;
Chapter 206,Acts of 1955; Chapter 442,Acts of 1955;
Chapter 443,Acts of 1955; Chapter 363,Acts of 1956;
Chapter 180,Acts of 1957; Chapter 414,Acts of 1957;
Chapter 81,Acts of 1959; Chapter 203,Acts of 1961;
Chapter 329,Acts of 1963; Chapter 544,Acts of 1968;
Chapter 347,Acts of 1969; Chapter 383,Acts of 1970;
Chapter 390,Acts of 1970; Chapter 500,Acts of 1970;
Chapter 275,Acts of 1972; Chapter 142,Acts of 1974.
(d) Certain Special Laws Recognized and Retained.The following special laws are hereby specifically recognized
and retained:
Chapter 8,Acts of 1840;
Chapter 124,Acts of 1866; Chapter 245,Acts of 1867;
Chapter 133,Acts of 1869; Chapter 59,Acts of 1871;
Chapter 366,Acts of 1873; Chapter 285,Acts of 1874;
Chapter 82,Acts of 1875; Chapter 116,Acts of 1876;
Chapter 103,Acts of 1882; Chapter 109,Acts of 1883;
Chapter 176,Acts of 1892; Chapter 379,Acts of 1902;
Chapter 230,Acts of 1920; Chapter 68,Acts of 1960;
Chapter 698,Acts of 1965; Chapter 872,Acts of 1966;
Chapter 257,Acts of 1966; Chapter 343,Acts of 1967;
Chapter 441,Acts of 1970; Chapter 741,Acts of 1970;
Chapter 1024,Acts of 1973.
(e) The following special laws are recognized, but no action is taken with regard to any of them:
Chapter 190,Acts of 1867; Chapter 279,Acts of 1901;
Chapter 254,Acts of 1902; Chapter 271,Acts of 1917;
Chapter 161,Acts of 1924; Chapter 1,Acts of 1927;
Chapter 50,Acts of 1927;
Chapter 310,Acts of 1939; Chapter 105,Acts of 1948;
Chapter 786,Acts of 1951; Chapter 625,Acts of 1953;
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Chapter 252,Acts of 1954; Chapter 261,Acts of 1958;
Chapter 382,Acts of 1962; Chapter 754,Acts of 1969;
Chapter 87,Acts of 1970; Chapter 198,Acts of 1970;
Chapter 545,Acts of 1972; Chapter 921,Acts of 1973;
Chapter 1065,Acts of 1973.
(Ref. of 11-8-1983)
Section 11-7.-Time of Taking Effect.
This charter shall become fully effective on July 1, 1976 except to the extent that other provision is made in the following
schedule:
(a) As soon as practicable after the election at which the charter is adopted a special districting committee
shall be organized by the city clerk,who shall serve as chairman, ex-officio,to consist of one member of
the city council, one member of the school committee, one member of the board of assessors, one
member of the board of registrars of voters, one member of the planning board, one member of the
charter commission, one member of the Gloucester League of Women Voters, one member of the
Gloucester Chamber of Commerce each of the aforesaid to be designated by the body of which they are
a member and a representative,for the purpose of drawing the five wards from which city councilors are
to be elected.
The ward lines shall be drawn so as to contain as nearly an equal number of inhabitants as is possible in
compact and contiguous territory, bounded insofar as possible by the center line of known streets or
ways or by other well defined limits.
Not later than January 31 st in the year following the year in which the charter is adopted the special
districting committee shall prepare and publish a preliminary report concerning a proposed division of
the city into five wards as required by section 2-1. Not later than February 15th in said year,the special
districting committee shall conduct a public hearing on the proposed wards.The final report of the
special districting committee shall be filed not later than March 15th in the year following the year in
which the charter is adopted.
The five wards established under this section shall be effective for the purpose of a special municipal
election to be held on June 8, 1976 for the purpose of electing a mayor and a city council in accordance
with the provisions of the charter.A preliminary election,for the purpose of nominating certificates, shall
be held on the fourth Tuesday preceding the special election (May 11, 1976).These elections shall be held
in accordance with the provisions of this charter.The terms of office of members of the school
committee shall not be affected, but the terms of all city councilors elected at the election at which the
charter was adopted shall be terminated upon the inauguration and the assumption of their respective
powers and duties by the mayor and the new city council on July 1, 1976.The office of city manager shall
be abolished on the date the charter becomes fully effective.
The special districting committee in establishing the five wards for the election of city councilors shall, if
the precinct lines to be used for the election of representatives to the general court have already been
fixed, use such precinct lines in the formation of the five wards.
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(b) Until such time as some other salary is established, in accordance with the provisions of the charter,the foll
shall serve for the respective offices:for the office of the mayor, $19,500.00 per annum;for the office of me
council, $1,500.00 per annum;for the office of administrative assistant to the mayor, $18,500.00 per annum
(c) The provisions of 2-5(vi)shall not be effective until January 1, 1977.
(d) The term of office of the city clerk and the city auditor, in the manner provided in section 2-7, shall begin
in 1978. In order to achieve this cycle the election of the clerk and the auditor in 1977,when the current
terms expire, shall be for one year.
(e) The provisions of section 3-8(a)shall not be effective until July 1, 1977.
(f) Any multiple-member body which is not in conformity with the provisions of section 7-4 shall be brought
into conformity with the said election by the appointment of successor members to such bodies for
terms of three years, or such lesser number of years as will cause as nearly an equal number of terms as
is possible to expire each year.
(g) The provisions of section 7-6(a)(iii)shall not become effective until January 1, 1977;the other portions of
the said section shall, however, become effective on July 1, 1976.
(h) The designer selection committee which is required by section 7-17 shall be appointed prior to October
1, 1976; provided, however,that following the adoption of the charter no architect shall be engaged by
the city until such a committee has been appointed to make the selection.
(i) All rules and regulations of the several city agencies which are not on file in the office of the city clerk, as
required by section 10-4, shall be deemed to have been properly filed if they are placed on file within
ninety days following the date of the election at which the charter is approved by the voters.
Q) As soon as practicable following their inauguration in July 1976,the city council shall provide for the
review and recodification of city ordinances in the manner provided in section 10-5 and shall provide for
such revision to be effective on January 1, 1977.
(k) City agencies shall have until January 1, 1977,to adopt the rules required by section 10-6(c).
CHARTER COMPARATIVE TABLE
This table shows the location of the sections of the basic charter and any acts amending the charter.
Adoption Referendum Section Section
Date Date this Charter
11- 4-75 1-1-11-7 1-1-11-7
11- 8-83 2-5
2-10
3-1
3-8
4-6
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6-2
7-15
11-6
11- 5-85 22-99(a)
2-1 0(b)
2-13
3-1 0(a)
4-1(c)
4-5
4-9. 4-10
5-1-5-5
8-1
9-8
11- 3-87 2-6(e)
2-11(h)
7-5
7-14
9-7
10-11-2011(01)(Ord.) 2-5(c)
2-7
2-11
3-3
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3-7
3=8(b)
3-9
4-2, 4-3
4-5
4_6(c)
Rn bd 4-7-4-10
as 4-8-4-11
Added 4-7
4-11
5-1(b)
5-3(c)
5-5(b)
6-1, 6-2
7-2(b)
76(a)
7-9, 7-10
7-13(a)
7-1 5(c)
Added 7-20
8-1
Art. 9(title)
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9-1(b)
9-2(c)
9-8
10-5, 10-6
10-9
11-15-2011 2-9
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