HomeMy Public PortalAboutMelrose_1 Chapter C
CHARTER
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SECTION 1-1 CHARTER SECTION 1-7
ARTICLE 1
INCORPORATION; SHORT TITLE; DEFINITIONS.
SECTION 1-1. INCORPORATION.
The inhabitants of the city of Melrose, within the territorial limits
established by law, shall continue to be a municipal corporation, a body
corporate and politic, under the name "city of Melrose".
SECTION 1-2. SHORT TITLE.
This act shall be known and may be cited as the city of Melrose charter.
SECTION 1-3. DIVISION OF POWERS.
The administration of the fiscal, prudential and municipal affairs of the
city, with the government thereof, shall be vested in an executive branch
headed by a mayor and a legislative branch consisting of a city council.
The legislative branch shall never exercise any executive power and the
executive branch shall never exercise any legislative power.
SECTION 1-4. POWERS OF THE CITY.
Subject only to express limitations on the exercise of any power or function
by a municipal government in the constitution or General Laws of the
commonwealth, it is the intention and the purpose of the voters of the
city through the adoption of this charter to secure for themselves and
their government all of the powers it is possible to secure as fully and as
completely as though each such power were specifically and individually
enumerated in this charter.
SECTION 1-5. CONSTRUCTION.
The powers of the city of Melrose under this charter are to be construed
liberally in favor of the city and the specific mention of any particular power
is not intended to limit the general powers of the city as stated in sections 1
to 4, inclusive.
SECTION 1-6. INTER- GOVERNMENTAL RELATIONS.
Subject only to express limitations in the constitution or General Laws of
the commonwealth, the city may exercise any of its powers or perform any
of its functions and may participate in the financing thereof, jointly or in
cooperation, by contract or otherwise, with the commonwealth or any of its
agencies or political subdivisions or with the United States government or
any of its agencies.
SECTION 1-7. DEFINITIONS.
The following words shall have the following meanings unless the context
requires otherwise:-
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SECTION 1-7 MELROSE CODE SECTION 1-7
"Business day", any day on which Melrose city hall is open for the citizens
of Melrose to conduct routine business.
"Charter", this charter and any adopted amendments to it.
"City", the city of Melrose.
"City agency", a multiple-member body, department, division or office of the
city.
"City bulletin boards", the official location for public notices designated by
the clerk's office and registered with the attorney general where the public
may find official notices of meetings; provided, however, that "city bulletin
boards" may include the city's website and an official physical location
within city hall.
"City council", the entire authorized complement of the city council,
notwithstanding any vacancy that might exist.
"City officer", when used without further qualification or description, a
person having charge of an office or department of the city who, in the
exercise of the powers or duties of that position, exercises some portion of
the sovereign power of the city.
"Emergency", a sudden, unexpected and unforeseen happening, occurrence
or condition that necessitates immediate action or response.
"Full multiple-member body", the entire authorized complement of the city
council, school committee or other multiple-member body, notwithstanding
any vacancy that might exist.
"Initiative measure", a measure proposed by the voters through the
initiative process provided under this charter.
"Local news publication", a newspaper of general circulation within the
city, with either a weekly or daily circulation; provided, however, that if
no general circulation publication exists within the city, "local news
publication" shall also include online publications to the extent permitted by
law.
"Majority vote", when used in connection with a meeting of a multiple-
member body, a majority of those present and voting unless another
provision is made by ordinance, by-law or by the body's own rules.
"Measure", an ordinance, order, resolution or other vote or proceeding
adopted, or that might be adopted, by the city council or the school
committee.
"Multiple-member body", any board, commission, committee, subcommittee
or other body consisting of not less than 2 persons, whether elected,
appointed or otherwise constituted; provided, however, that "multiple-
member body" shall not include the city council or the school committee.
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SECTION 1-7 CHARTER SECTION 1-7
"Organization or reorganization plan", a plan submitted by the mayor to the
city council that proposes a change in the organization of the administrative
structure of the city government or a change in the way a municipal service
shall be delivered.
"Previous election", the most recent election to have occurred for the
particular position, council or committee that is referenced.
"Quorum", a majority of all members of a multiple-member body unless
some other number is required by law or by ordinance.
"Referendum measure", a measure adopted by the city council or the school
committee that is protested under the referendum procedures of this
charter.
"Voters", registered voters of the city of Melrose.
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SECTION 2-1 CHARTER SECTION 2-3
ARTICLE 2
LEGISLATIVE BRANCH.
SECTION 2-1. COMPOSITION, TERM OF OFFICE.
(a) Composition. There shall be a city council that shall exercise the
legislative powers of the city. The city council shall consist of 11
members, 4 of whom shall be councilors-at-large who shall be
nominated and elected by and from the voters at large and 7 of whom
shall be ward councilors who shall be nominated and elected by the
voters of each ward; provided, however, that 1 ward councilor shall be
elected from each of the 7 wards into which the city is divided under
section 7-5.
(b) Term of Office. The term of office for all councilors shall be 2 years,
beginning on the first Monday after the first Tuesday in January in the
year following their election and until their successors have been
qualified.
(c) Eligibility. Any voter shall be eligible to hold the office of councilor-at-
large. A ward councilor shall, at the time of election, be a voter of the
ward from which the ward councilor is elected; provided, however, that
if a ward councilor shall remove to another ward in the city during the
first 12 months of the term of office, the office shall be deemed vacant
and the balance of the unexpired term shall be filled in the manner
provided in section 2-11. If such a removal occurs after the first 12
months of the term of office, the ward councilor may continue to serve
for the balance of the term for which the ward councilor is elected. If a
councilor-at-large or a ward councilor removes from the city during the
councilor's term, the office shall immediately be deemed vacant and
filled in the manner provided in said section 2-11.
SECTION 2-2. PRESIDENT.
(a) Election and Term. Following each biennial election and as soon as
practicable after the councilors-elect have been qualified as provided in
section 9-10, the members of the city council shall elect from among its
members a president who shall serve for 1 year. The method of election
of the president shall be prescribed in the rules of the city council.
(b) Powers and Duties. The president shall preside at all meetings of the
city council, regulate its proceedings and decide all questions of order.
The president shall appoint all members of all committees of the city
council, whether special or standing. The president shall have the same
powers to vote upon the measures coming before the city council as any
other member of the city council. The president shall perform any other
duties consistent with the office that may be provided by charter,
ordinance or other vote of the city council.
SECTION 2-3. PROHIBITIONS.
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SECTION 2-3 MELROSE CODE SECTION 2-6
(a) Holding Other City Office or Position. No member of the city council
shall hold any other city office or city employment for which a salary or
other emolument is payable from the city treasury. No former member
of the city council shall hold a compensated appointed city office or
appointed city employment before 1 year following the date on which
the former member's service on the city council ended. This subsection
shall not prevent a city officer or employee who has vacated a position
in order to serve as a member of the city council from returning to the
same office or position of city employment held at the time the position
was vacated, but no such person shall be eligible for any other
municipal position before 1 year following the termination of service as
a member of the city council.
(b) Interference with Administration. No city council or member of the city
council shall give orders or directions to an officer or employee of the
city who is appointed by the mayor, either publicly or privately.
SECTION 2-4. COMPENSATION.
(a) Compensation. The members of the city council shall receive such
salary for their services as may from time to time be set by ordinance.
No ordinance increasing the salary of the city council shall be effective
unless it shall have been adopted during the first 18 months of the term
for which the city council were elected and unless it provides that the
salary increase shall take effect upon the organization of the city
government following the next municipal election.
SECTION 2-5. GENERAL POWERS.
Except as otherwise provided by law or this charter, all powers of the city
shall be vested in the city council, which shall provide for their exercise and
for the performance of all duties and obligations imposed upon the city by
law.
SECTION 2-6. EXERCISE OF POWERS; QUORUM; RULES.
(a) Exercise of Powers. Except as otherwise provided by law or this charter,
the legislative powers of the city council may be exercised in a manner
determined by the city council.
(b) Quorum. The presence of 6 members of the city council shall constitute
a quorum for the transaction of business; provided, however, that a
smaller number may meet and adjourn from time to time. Except as
otherwise provided by law or this charter, the affirmative vote of 8
members shall be required to adopt an ordinance or appropriation
order.
(c) Rules of Procedure. The city council shall from time to time adopt rules
regulating its procedures that shall include, but not be limited to, a
requirement that:
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SECTION 2-6 CHARTER SECTION 2-7
(i) Regular meetings of the city council be held at a time and place
fixed by ordinance;
(ii) Special meetings of the city council be held at the call of the
president or at the call of not less than 4 members, by written
notice delivered in hand, via electronic mail or by first class mail to
each member; provided, however, that such notice shall contain a
listing of the items to be acted upon; provided further, that except
in case of an emergency, which shall be determined by the
president, such notice shall be delivered not less than 48 hours in
advance of the time set for such meeting, excluding Saturdays,
Sundays and legal holidays; and provided further, that a copy of the
notice to members shall immediately be posted upon the city
bulletin boards;
(iii) All sessions of the city council and of every committee or
subcommittee of the board be open to the public unless another
provision has been made by law; and
(iv) A full, accurate and up-to-date account of the proceedings of the
city council be kept, which shall include a record of each vote taken
and which shall be made available with reasonable promptness
following each meeting; provided, however, that the minutes of an
executive session shall be made available as soon as their
publication would not defeat the lawful purposes of the executive
session.
SECTION 2-7. ACCESS TO INFORMATION.
(a) General. The city council may make investigations into the affairs of the
city and into the conduct and performance of any city agency.
(b) City Officers, Members of City Agencies, Employees. The city council
may require any city officer, member of a city agency or city employee
to appear before the city council to give any information that the city
council may require in relation to the municipal services, functions,
powers or duties that are within the scope of responsibility of that
person and within the jurisdiction of the city council. Copies of all
notices directed to employees of the school department shall be
concurrently provided to the school committee chair.
(c) Mayor. The city council may require the mayor to provide specific
information to the city council on any matter within the jurisdiction of
the city council. The city council may require the mayor to appear
before the city council in person to provide specific information on the
conduct of any aspect of the business of the city. The mayor may bring
to such meeting any assistant, department head or other city officer or
employee that the mayor deems necessary to assist in responding to the
questions posed by the city council.
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SECTION 2-7 MELROSE CODE SECTION 2-9
(d) Notice. The city council shall give notice to any person the city council
may require to appear before it under this section not less than 48
hours before such appearance is required. The notice shall include
specific questions on which the city council seeks information and no
person called to appear before the city council under this section shall
be required to respond to any question not relevant or related to those
presented in advance and in writing.
SECTION 2-8. APPOINTMENTS OF THE CITY COUNCIL.
(a) City Clerk. The city council shall elect a city clerk to serve for a term of
3 years. The city clerk shall be the keeper of vital statistics of the city
and the custodian of the city seal and of all records of the city. The city
clerk shall administer the oath of office to all city officers and shall issue
licenses and permits as may be provided by law. The city clerk shall
have the powers and duties provided to that office by law, this charter,
ordinances or other votes of the city council.
(b) Clerk of Committees. The city council shall elect a clerk of committees
to serve at the pleasure of the city council. The clerk of committees
shall perform the duties as may be provided by ordinance or by other
vote of the city council.
(c) Salary, Compensation. The city clerk and the clerk of committees shall
receive such salary or other compensation as provided by ordinance.
SECTION 2-9. ORDINANCES AND OTHER MEASURES.
(a) Emergency Ordinances. No ordinance shall be passed finally on the
date it is introduced, except in case of an emergency involving the
health or safety of the people or their property. No ordinance shall be
regarded as an emergency ordinance unless the emergency is defined
and declared in a preamble to the ordinance, separately voted upon and
receives the affirmative vote of not less than 8 members of the city
council. An emergency ordinance shall be repealed after the expiration
of 60 days following its adoption unless an earlier date is specified in
the measure, a second emergency measure adopted under this section
is passed to extend the original emergency ordinance or measure
passed under this section extends the original emergency ordinance.
(b) General Measures. The city council may pass a measure through all of
its stages at any 1 meeting, except for proposed ordinances,
appropriation orders and loan authorizations, if no member of the city
council shall object; provided, however, that if a single member objects,
a vote on the measure shall be postponed to the next meeting of the city
council. If a member objects to the taking of a vote on the first occasion
that the question of adopting any measure is put to the city council,
except an emergency ordinance under subsection (a), the vote shall be
postponed until the next regular or special meeting of the city council.
This procedure shall not be used more than once for any measure
notwithstanding any amendments made to the original measure.
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SECTION 2-9 CHARTER SECTION 2-11
(c) Posting. Every proposed ordinance, appropriation order or loan
authorization, except an emergency ordinance under subsection (a),
shall be posted on the city bulletin board and made available in the
office of the city clerk not less than 10 days before its final passage.
SECTION 2-10. CITY COUNCIL REVIEW OF CERTAIN
APPOINTMENTS.
The mayor shall submit to the city council the name of each person the
mayor desires to appoint to any city office as a department head or as a
member of a multiple-member body; provided, however, that this provision
shall not apply to appointments to a position subject to the civil service
law. The city council shall refer each name submitted to it to a standing
committee of the board that shall review each candidate for appointment
and may make a report with recommendations to the full city council not
less than 7 but not more than 45 days after the referral. The committee
may require any person whose name has been referred to it to appear
before the committee or before the city council to give any information
relevant to the appointment that the committee or the city council may
require. Appointments made by the mayor shall become effective upon
the expiration of 45 days following the date that notice of the proposed
appointment was filed with the city clerk unless rejected by the city council
within those 45 days.
SECTION 2-11. FILLING OF VACANCIES.
(a) Councilor-at-Large. If a vacancy shall occur in the office of councilor-at-
large, the vacancy shall be filled in descending order of votes received
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 who received not less than 40 per cent of the total votes
cast for the highest vote getter for the office of councilor-at-large, if
that person remains eligible and willing to serve as councilor-at-large.
The city clerk shall certify this candidate to the office of councilor-at-
large to serve for the balance of the unexpired term.
(b) Ward Councilor. If a vacancy shall occur in the office of ward councilor,
it shall be filled in the same manner as provided in subsection (a) for the
office of councilor-at-large, except that the list shall be of the
candidates for the office of ward councilor in the ward in which the
vacancy occurs and the 40 per cent requirement shall be calculated
from among the total votes cast for the office of ward councilor in the
ward where the vacancy occurs; provided, however, that if there is no
candidate on such list who remains eligible and willing to serve, the
next highest ranking candidate from among the candidates for election
to the office of councilor-at-large who is a resident of the ward in which
the vacancy exists and who received not less than 40 per cent of the
total votes cast for ward councilors in that ward shall be certified and
shall serve until the next regular election if the candidate remains a
resident of the ward and is willing to serve as a ward councilor. The city
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SECTION 2-11 MELROSE CODE SECTION 2-11
clerk shall certify the candidate to the office of ward councilor to serve
for the balance of the unexpired term.
(c) Filling of Vacancies by City Council. If a vacancy shall occur in the office
of councilor-at-large or in that of ward councilor and there is no
available candidate to fill the vacancy in the manner provided in
subsection (a) or (b), the remaining members of the city council shall
elect a person to fill the vacancy. A person elected by the city council to
fill a vacancy shall serve until the next regular election, at which time
the vacancy shall be filled by the voters and the person chosen to fill the
vacancy shall immediately be sworn and shall serve for the remainder
of the unexpired term in addition to the term for which the person is
elected. A person serving as a councilor under this section shall not be
entitled to have the words "candidate for re-election" printed against
the person's name on the election ballot.
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SECTION 3-1 CHARTER SECTION 3-2
ARTICLE 3
EXECUTIVE BRANCH.
SECTION 3-1. MAYOR: QUALIFICATIONS; TERM OF OFFICE;
COMPENSATION; PROHIBITIONS.
(a) Mayor, Qualifications. The chief executive officer of the city shall be a
mayor who shall be elected by the voters of the city at large. Any voter
shall be eligible to hold the office of mayor. The mayor shall devote full
time to the office and shall not hold any other elective public office.
(b) Term of Office. The term of office of the mayor shall be 4 years
beginning on the first Monday after the first Tuesday in January
following the biennial city election where the mayor is chosen and shall
continue until a successor is qualified.
(c) Compensation. The city council shall by ordinance establish an annual
salary for the mayor. No ordinance altering the salary of the mayor shall
be effective unless it shall have been adopted before the expiration of
18 months following the beginning of the term for which councilors are
elected and it provides that the salary is to become effective in January
of the year following the next biennial city election.
(d) Prohibitions. The mayor shall hold no other city office or city
employment for which a salary or other emolument is payable from the
city treasury. No former mayor shall hold any compensated appointed
city office or city employment until 1 year following the date on which
the former mayor's city service has terminated. Nothing in this
subsection shall prevent a city officer or employee who has vacated a
position in order to serve as mayor from returning to the same office or
position of city employment held at the time the position was vacated;
provided, however, that no such person shall be eligible for any other
municipal position until at least 1 year after the termination of service
as mayor. Nothing in this subsection shall apply to persons covered
under the leave of absence provisions of section 37 of chapter 31 of the
General Laws.
SECTION 3-2. EXECUTIVE POWERS; ENFORCEMENT OF
ORDINANCES.
The executive powers of the city shall be vested solely in the mayor and may
be exercised by the mayor personally or through the several city agencies
under the general supervision and control of the office of the mayor. The
mayor shall cause this charter, the laws, ordinances and other orders for
the government of the city to be enforced and shall cause a record of all
official acts of the executive branch of the city government to be kept. The
mayor shall exercise general supervision and direction over all city agencies
unless otherwise provided by law or by this charter. Each city agency
shall furnish to the mayor, immediately upon request, any information,
materials or otherwise as the mayor may request and as the needs of the
office of mayor and the interest of the city may require. The mayor shall
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SECTION 3-2 MELROSE CODE SECTION 3-4
supervise, direct and be responsible for the efficient administration of all
city activities and functions placed under the control of the mayor by law or
by this charter. The mayor shall be responsible for the efficient and effective
coordination of the activities of all agencies of the city and for this purpose
may, consistent with law, call together for consultation, conference and
discussion at reasonable times all persons serving the city, whether elected
directly by the voters, chosen by persons elected directly by the voters
or otherwise. The mayor shall be a member of every appointed multiple-
member body of the city by virtue of the office. As an ex officio member,
the mayor may attend any meeting of an appointed multiple-member body
of the city at any time, including executive sessions, to participate in the
discussions, make motions and exercise every other right of a regular
member of such body except for the right to vote.
SECTION 3-3. APPOINTMENTS BY THE MAYOR.
The mayor shall appoint, subject to the review of such appointments by
the city council under section 2-10, all city officers and department heads
and the members of multiple-member bodies for whom no other method of
appointment or selection is provided by this charter. All appointments to
multiple-member bodies shall be in accordance with section 5-2. Upon the
expiration of the term of a member of a multiple-member body, a successor
shall be appointed in like manner. The mayor shall fill a vacancy for the
remainder of the unexpired term of a member of a multiple-member body.
All persons classified as department heads shall, subject to the consent of
the mayor, appoint, promote and discipline all assistants, subordinates and
other employees of the agency for which that person is responsible. All
appointments and promotions made by the mayor shall be made on the basis
of merit and fitness demonstrated by examination, past performance or by
other evidence of competence and suitability. Each person appointed to fill
an office or position shall be a person especially fitted by education, training
and previous work experience to perform the duties of the office or position
for which the person is chosen.
SECTION 3-4. REMOVAL OR SUSPENSION OF CERTAIN
OFFICIALS.
(a) City Officers and Department Heads. The mayor may, in writing,
remove or suspend any city officer or the head of any city department
appointed by the mayor. In addition, the mayor may file a written
statement with the city clerk setting forth in precise detail the specific
reasons for the removal or suspension. A copy of the written statement
shall be delivered in hand or mailed by certified mail, postage prepaid,
to the last known address of the city officer or department head. The
city officer or department head may make a written reply by filing such
a reply statement with the city clerk not more than 10 days after the
date the statement of the mayor has been filed; provided, however, that
this reply shall have no effect upon the removal or suspension unless
the mayor shall so determine. The decision of the mayor in suspending
or removing a city officer or a department head shall be final and all
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SECTION 3-4 CHARTER SECTION 3-6
authority and responsibility for such suspension or removal shall be
vested solely in the mayor.
(b) Other City Employees. Unless some other procedure is specified in a
collective bargaining agreement or by civil service law, a department
head may suspend or remove any assistant, subordinate or other
employee of the agency for which the department head is responsible.
The decision of the department head to suspend or remove any
assistant, subordinate or other employee shall be subject to review by
the mayor. A person for whom a department head has determined a
suspension or removal is appropriate may seek review of such a
determination by filing a petition for review, in writing, with the office
of the mayor not more than 10 days following receipt of notice of the
determination. The decision of the mayor shall be final and all authority
and responsibility for suspension or removal shall be vested solely in
the mayor. Nothing in this subsection shall be construed to prevent any
other review as may be provided by law.
SECTION 3-5. TEMPORARY APPOINTMENTS TO CITY OFFICES.
(a) If a temporary or permanent vacancy occurs in a city office and the
needs of the city require that the office be filled, the mayor may
designate the head of another city agency, a city officer, a city employee
or some other person to perform the duties of the office on a temporary
basis until the position can be filled as otherwise provided by law or by
this charter. If a person is designated under this section, the mayor
shall file a certificate with the city clerk in substantially the following
form:
I designate (name of person) to perform the duties of the office of
(designate office in which vacancy exists) on a temporary basis until
the office can be filled by (here set out the regular procedure for filling
the vacancy or when the regular officer shall return). I certify that said
person is qualified to perform the duties that will be required and that
I make this designation solely in the interests of the city of Melrose.
(signed)
Mayor
(b) A person serving as a temporary officer under this section shall have
only those powers of the office essential to the performance of the
duties of the office during the period of the temporary appointment.
Notwithstanding any general or special law to the contrary, no
temporary appointment shall be for more than 120 days; provided,
however, that 1 extension of not more than 60 days of a temporary
appointment may be made when a permanent vacancy exists in the
office.
SECTION 3-6. COMMUNICATIONS; SPECIAL MEETINGS.
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SECTION 3-6 MELROSE CODE SECTION 3-8
(a) Communications to the City Council. The mayor shall from time to time,
by written communication, recommend to the city council for its
consideration such measures as, in the judgment of the mayor, the
needs of the city require. The mayor shall from time to time, by written
communication, keep the city council fully informed of the financial and
administrative condition of the city and shall specifically indicate in
such reports any fiscal, financial or administrative problems of the city.
(b) Special Meetings of the City Council. The mayor may call a special
meeting of the city council at any time and for any purpose by causing a
notice of the meeting to be delivered in hand, via electronic mail or by
first class mail to each member of the city council. This notice shall,
except in an emergency as determined by the mayor, be delivered not
less than 48 hours before the time scheduled for the special meeting to
be held, excluding Saturdays, Sundays and legal holidays, and shall
specify any purpose for which the meeting is to be held. A copy of each
notice shall be immediately posted on the city bulletin board.
SECTION 3-7. APPROVAL OF MAYOR.
Every order, ordinance, resolution or vote adopted or passed by the city
council relative to the affairs of the city, except memorial resolutions, the
selection of city officers by the city council and any matters relating to
the internal affairs of the city council, shall be presented to the mayor for
approval. If the mayor approves of a measure, the mayor shall sign it. If
the mayor disapproves of a measure, the mayor shall return the measure
with the specific reasons for the disapproval attached to it, in writing, to
the city council. The city council shall enter the objections of the mayor
on its records and shall reconsider the measure not less than 10 but not
more than 30 days from the date of the measure's return. If the city council
shall again pass the order, ordinance, resolution or vote by a 2/3 vote of the
full council, it shall then take effect notwithstanding the objections of the
mayor. If the mayor has neither signed a measure nor returned it to the city
council within 10 days following the date it was presented to the mayor, the
measure shall take effect.
SECTION 3-8. TEMPORARY ABSENCE OF THE MAYOR.
(a) Acting Mayor. If by reason of sickness, absence from the city or other
cause the mayor shall be unable to perform the duties of the office, the
president of the city council shall be the acting mayor.
(b) Powers of Acting Mayor. The acting mayor shall have only those powers
of the mayor that are essential to the conduct of the business of the city
in an orderly and efficient manner and on which action may not be
delayed. The acting mayor shall not make any permanent appointment
or removal from city service unless the disability of the mayor shall
continue for more than 60 days nor shall an acting mayor approve or
disapprove of any measure adopted by the city council unless the time
within which the mayor must act would expire before the return of the
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SECTION 3-8 CHARTER SECTION 3-10
mayor. During any period in which a councilor is serving as acting
mayor, the councilor shall not vote as a member of the city council.
SECTION 3-9. DELEGATION OF AUTHORITY BY MAYOR.
The mayor may authorize any subordinate officer or employee of the city
to exercise any power or perform any function or duty that is assigned
by this charter or otherwise to the mayor and the mayor may rescind or
revoke any such authorization previously made; provided, however, that an
act performed under any such delegation of authority during a period of
authorization shall be and remain the act of the mayor. Nothing in this
section shall authorize a mayor to delegate the mayor's powers and duties
as a school committee member, the power of appointment to city office or
employment or to sign or return measures approved by the city council.
SECTION 3-10. VACANCY IN OFFICE OF MAYOR.
(a) Special Election. If a vacancy occurs in the office of mayor during the
first 2 years of the term for which the mayor was elected, whether by
reason of death, resignation, removal from office, incapacity or
otherwise, the city council shall immediately, in the manner provided in
section 7-1, order a special election to be held not more than 120 days
following the date on which the vacancy was created to fill the vacancy
for the balance of the then unexpired term. If a regular city election is
to be held not more than 180 days following the date on which the
vacancy was created, a special election shall not be held and the
position shall be filled by vote at such regular election.
(b) President of City Council to Serve As Mayor. If a vacancy in the office of
mayor occurs in the third or fourth year of the term for which the mayor
is elected, whether by reason of death, resignation, removal from office
or otherwise, the president of the city council shall become the mayor.
Upon the qualification of the president of the city council as the mayor
under this section, a vacancy shall exist in that seat on the city council
that shall be filled in the manner provided in section 2-11. A president
serving as mayor under this subsection shall not be entitled to have the
words "candidate for re-election" printed against their name on the
election ballot if they are seeking the office of mayor.
(c) Powers, Term of Office. A person who assumes the office of mayor under
this section shall have all of the powers of the mayor. A person elected
under subsection (a) shall serve for the balance of the unexpired term
at the time of election to the office. A person chosen under subsection
(b) shall serve until the time of the next regular election at which time
the person elected to fill the office for the ensuing term of office shall, in
addition, serve for the balance of the then unexpired term.
C:17
SECTION 4-1 CHARTER SECTION 4-3
ARTICLE 4
SCHOOL COMMITTEE.
SECTION 4-1. COMPOSITION, TERM OF OFFICE.
(a) Composition. There shall be a school committee that shall consist of 7
members. Six members shall be nominated and elected by and from the
voters of the city at large. The mayor shall serve as the seventh member
of the school committee by virtue of office and shall have the same
powers and duties as the members elected by the voters as school
committee members.
(b) Term of Office. The term of office for the 6 school committee members
elected by the voters shall be for 4 years beginning on the first Monday
after the first Tuesday in January in the year following their election
and until their successors have been qualified. The terms of office shall
be arranged so that 3 such terms are to be filled at each biennial
election.
(c) Eligibility. A school committee member shall at the time of election be a
voter. If a school committee member removes from the city during the
term for which elected, the office shall immediately be deemed vacant
and filled in the manner provided in section 4-6.
SECTION 4-2. SCHOOL COMMITTEE CHAIR.
(a) Election and Term. Following each biennial city election and as soon as
practicable after the school committee members-elect have been
qualified as provided in section 9-10, the school committee shall
organize by electing 1 of the persons elected to the office of school
committee member to serve as school committee chair.
(b) Powers and Duties. The school committee chair or a designee shall
preside at all meetings of the school committee, regulate its
proceedings and decide all questions of order. The school committee
chair shall appoint all members of all committees of the school
committee, whether special or standing. The school committee chair
shall have the same powers to vote upon all measures coming before
the school committee as any other member of the school committee.
The school committee chair shall perform such other duties consistent
with the office as may be provided by this charter or by vote of the
school committee in accordance with the by-laws and policies of the
school committee.
SECTION 4-3. PROHIBITIONS.
No member of the school committee shall hold any other city office or city
employment for which a salary or other emolument is payable from the
city treasury. No former member of the school committee shall hold any
compensated appointed city office or city employment until at least 1 year
after the date on which the member's service on the school committee has
C:19
SECTION 4-3 MELROSE CODE SECTION 4-5
terminated; provided, however, that a city officer or other city employee
who has vacated a position in order to serve as a member of the school
committee may return to the same office or position of city employment held
at the time the position was vacated but shall not be eligible for any other
municipal position until at least 1 year after the termination of service as a
member of the school committee.
SECTION 4-4. COMPENSATION.
The city council may by ordinance establish an annual salary for members
of the school committee. No vote increasing the salary of school committee
members shall be effective unless it shall have been adopted during the
first 18 months of the term for which the school committee members were
elected and unless it provides that the salary is to take effect upon the
organization of the city government following the next municipal election.
Notwithstanding any general or special law to the contrary, members
elected to the school committee shall not be eligible to participate in the
city's group health or life insurance programs.
SECTION 4-5. SCHOOL COMMITTEE POWERS AND DUTIES.
The school committee shall have all of the powers conferred on school
committees by the General Laws and such additional powers and duties
as may be provided by this charter, by ordinance or otherwise and not
inconsistent with the grant of powers conferred by the General Laws. The
powers and duties of the school committee shall include, but not be limited
to:
(i) electing a superintendent of the schools who shall be charged with the
administration of the school system, subject only to policy guidelines
and directives adopted by the school committee;
(ii) upon the recommendation of the superintendent, establishing and
appointing assistant or associate superintendents as provided in
section 59 of chapter 71 of the General Laws;
(iii) making all reasonable rules and regulations for the management of the
public school system and for conducting the business of the school
committee as may be deemed necessary or desirable; and
(iv) adopting and overseeing the administration of an annual operating
budget for the school department, subject to appropriation by the city
council; provided, however, that the school committee shall have
general charge and superintendence of all school buildings and
grounds and shall furnish all school buildings with proper fixtures,
furniture and equipment.
The school committee shall provide ordinary maintenance of all school
buildings and grounds unless a central municipal maintenance
department, which may include maintenance of school buildings and
grounds, is established in accordance with law. If the school committee
C:20
SECTION 4-5 CHARTER SECTION 4-6
shall determine that additional classrooms are necessary to meet the
educational needs of the community, at least 1 member of the school
committee, or a designee of the school committee, shall serve on the
agency, board or committee to which the planning or construction of
such new, remodeled or renovated school building is delegated.
SECTION 4-6. FILLING OF VACANCIES.
(a) Runner-Up to Succeed to Office. If a vacancy shall occur in the office of
school committee member, the vacancy shall be filled, in descending
order of votes received, 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 if such person remains
eligible and willing to serve as a school committee member. The city
clerk shall certify this candidate to the office of school committee to
serve for the balance of the then unexpired term.
(b) Filling of Vacancies By School Committee. If a vacancy shall occur in
the office of school committee member and there is no available
candidate to fill the vacancy in the manner provided in subsection (a),
the vacancy shall be filled by a majority vote of the remaining members
of the school committee. A person elected to fill a vacancy by the school
committee shall serve only until the next regular election at which time
the vacancy shall be filled by the voters and the person chosen to fill the
vacancy shall immediately be sworn and shall serve for the remainder
of the unexpired term in addition to the term for which the person is
elected. A person serving as a school committee member under this
section shall not be entitled to have the words "candidate for re-
election" printed against the person's name on the election ballot.
C:21
SECTION 5-1 CHARTER SECTION 5-2
ARTICLE 5
ADMINISTRATIVE ORGANIZATION.
SECTION 5-1. ORGANIZATION OF CITY AGENCIES.
The organization of the city into operating agencies for the provision of
services and the administration of the government shall be accomplished
only through an administrative order filed with the city council by the
mayor. No administrative order shall originate with the city council. The
mayor may, subject only to express prohibitions in a general law or this
charter, propose to reorganize, consolidate or abolish any city agency, in
whole or in part, or to establish new city agencies as deemed necessary;
provided, however, that no function assigned by this charter to a particular
city agency shall be discontinued or assigned to any other city agency
unless this charter specifically so provides. The mayor may from time to
time prepare and submit to the city council administrative orders that
establish operating divisions for the orderly, efficient or convenient conduct
of the business of the city. These administrative orders shall be
accompanied by a message of the mayor that explains the benefits expected
to ensue and advises the city council if any provision of an administrative
order shall require amendments, insertions, revisions, repeal or otherwise
of existing ordinances. If the mayor proposes an administrative order, the
city council shall hold at least 1 public hearing on the proposal giving notice
by publication in a local news publication. The notice shall describe the
scope of the proposal and the time and place at which the public hearing
will be held, which shall be not less than 7 and not more than 14 days
following publication. An organization or reorganization plan shall become
effective at the expiration of 60 days following the date the proposal is
submitted to the city council unless the city council shall within such period
vote to disapprove of the plan by a majority vote. The city council shall not
vote to amend or alter the plan.
SECTION 5-2. MERIT PRINCIPLE.
All appointments and promotions of city officers and employees shall be
made on the basis of merit and fitness as demonstrated by examination, past
performance or other evidence of competence and suitability.
C:23
SECTION 6-1 CHARTER SECTION 6-4
ARTICLE 6
FINANCE AND FISCAL PROCEDURES.
SECTION 6-1. FISCAL YEAR.
The fiscal year of the city shall begin on July 1 and shall end on the last day
of June, unless another period is required by general law.
SECTION 6-2. ANNUAL BUDGET POLICY.
The mayor shall call a joint meeting of the city council and school committee
before the commencement of the budget process to review the financial
condition of the city, revenue and expenditure forecasts and other relevant
information prepared by the mayor in order to develop a coordinated
budget.
SECTION 6-3. SUBMISSION OF OPERATING BUDGET; BUDGET
MESSAGE.
Not less than 45 days before the beginning of the fiscal year, the mayor shall
submit to the city council a proposed operating budget for all city agencies,
which shall include the school department, for the ensuing fiscal year with
an accompanying budget message and supporting documents. The budget
message submitted by the mayor shall explain the operating budget in
fiscal terms and in terms of work programs for all city agencies. It shall
outline the proposed fiscal policies of the city for the ensuing fiscal year,
describe important features of the proposed operating budget and indicate
any major variations from the current operating budget, fiscal policies,
revenues and expenditures, together with reasons for these changes. The
proposed operating budget shall provide a complete fiscal plan of all city
funds and activities and shall be in the form the mayor deems desirable. The
school budget, as adopted by the school committee, shall be submitted to
the mayor within a reasonable time before the submission of the proposed
operating budget to the city council. The mayor shall notify the school
committee of the date by which the budget of the school committee shall
be submitted to the mayor. The mayor and the school committee chair shall
coordinate the dates and times of the school committee's budget process
under the General Laws.
SECTION 6-4. ACTION ON THE OPERATING BUDGET.
(a) Public Hearing. The city council shall publish in at least 1 local news
publication of general circulation in the city a notice of the proposed
operating budget as submitted by the mayor. The notice shall state: (i)
the times and places where copies of the entire proposed operating
budget are available for inspection by the public; and (ii) the date, time
and place, not less than 14 days after its publication, when a public
hearing on the proposed operating budget will be held by the city
council.
C:25
SECTION 6-4 MELROSE CODE SECTION 6-7
(b) Adoption of the Budget. The city council shall adopt the operating
budget, with or without amendments, not more than 45 days following
the date the budget is filed with the city clerk. In amending the
operating budget, the city council may delete or decrease any amounts
except expenditures required by law. The city council, except on the
recommendation of the mayor, shall not increase any item in or the total
of the proposed operating budget unless otherwise authorized by law. If
the city council fails to take action on an item in the operating budget
within 45 days after receipt of the budget, that amount shall, without
any action by the city council, become a part of the appropriations for
the year and shall be available for the purposes specified.
SECTION 6-5. CAPITAL IMPROVEMENT PROGRAM.
The mayor shall submit a capital improvement program to the city council
every 3 years and not less than 120 days before the start of the fiscal
year in which the program report is due. The capital improvement program
shall include: (i) a clear and concise general summary of its contents; (ii) a
list of all capital improvements proposed to be undertaken during the next
ensuing 5 years, with supporting information as to the need for each capital
improvement; (iii) cost estimates, methods of financing and recommended
time schedules for each improvement; and (iv) the estimated annual cost
of operating and maintaining each facility and piece of major equipment
involved.
The mayor shall annually revise this information with regard to the capital
improvements still pending or in the process of being acquired, improved or
constructed.
SECTION 6-6. INDEPENDENT AUDIT.
The city council shall annually provide for an outside audit of the books and
accounts of the city to be made by a certified public accountant or a firm of
certified public accountants that has no personal interest, direct or indirect,
in the fiscal affairs of the city or any of its officers. The mayor shall annually
provide to the city council a sum of money sufficient to satisfy the estimated
cost of conducting the audit as presented to the mayor, in writing, by the
city council. The award of a contract to audit shall be made by the city
council annually, not later than September 15. The clerk of committees shall
coordinate the work of the individual or firm selected. The report of the
audit shall be filed in final form with the city council not later than March 1
in the year following the award of the contract.
SECTION 6-7. EXPENDITURES IN EXCESS OF APPROPRIATIONS.
Except as otherwise provided by law, no official of the city of Melrose
shall knowingly and intentionally expend in any fiscal year any sums in
excess of the appropriations duly made in accordance with law or involve
the city in any contract for the future payment of money in excess of
these appropriations and any such expenditure or involvement shall be in
C:26
SECTION 6-7 CHARTER SECTION 6-7
strict compliance with section 31 of chapter 44 of the General Laws. An
official who violates this section shall be personally liable to the city for
any amounts so expended to the extent that the city does not recover these
amounts from the person to whom the sums were paid.
C:27
SECTION 7-1 CHARTER SECTION 7-4
ARTICLE 7
ELECTIONS.
SECTION 7-1. CITY ELECTIONS: GENERAL, PRELIMINARY FOR
OFFICE OF MAYOR.
The regular general city election shall be held on the first Tuesday following
the first Monday in November in each odd-numbered year. A preliminary
election for the purpose of nominating candidates for mayor shall be held
on the third Tuesday in September in each odd-numbered year in which
a mayor is to be elected; provided, however, that the city clerk may, with
the approval of the city council, reschedule the preliminary election to the
fourth Tuesday in September to avoid a conflict with any civil or religious
holiday. If a special election to fill a vacancy in the office of mayor is to be
held, a preliminary election shall be conducted, if necessary, 28 days before
the date established for the special election.
SECTION 7-2. NON-PARTISAN ELECTIONS.
All elections for city offices shall be nonpartisan and election ballots shall
be printed without any party mark, emblem or other designation.
SECTION 7-3. PRELIMINARY ELECTION, MAYOR.
(a) Ballot Position. The order in which names of candidates appear on the
ballot shall be determined by a drawing by lot conducted by the city
clerk and shall be open to the public.
(b) Determination of Candidates. The 2 persons receiving the highest
number of votes for nomination for mayor at a preliminary election shall
be the sole candidates for that office whose names shall be printed on
the official ballots to be used at the regular general city election at
which the office is to be voted upon and no acceptance of a nomination
shall be necessary to its validity. If the preliminary election results in a
tie vote among candidates for nomination receiving the lowest number
of votes which, but for the tie vote, would entitle a person receiving the
same to have the person's name printed on the official ballots for the
election, all candidates participating in the tie vote shall have their
names printed on the official ballots even though the ballots will have a
number of candidates exceeding twice the number to be elected.
(c) Condition Making Preliminary Unnecessary. If at the expiration of time
for filing statements the number of candidates for mayor to be voted
upon at any preliminary election is not more than 2, then no preliminary
election shall be held. The candidates whose statements have been filed
with the city clerk shall have been nominated to the office, their names
shall be voted upon for the office at the succeeding general election and
the city clerk shall not print their names on the ballots to be used at the
preliminary election.
C:29
SECTION 7-4 MELROSE CODE SECTION 7-6
SECTION 7-4. BALLOT POSITION, REGULAR CITY ELECTION.
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. The
drawing shall be open to the public and conducted not less than 30 days
before the date of the election.
SECTION 7-5. WARDS.
The territory of the city shall be divided into 7 wards so established as to
consist of as nearly an equal number of inhabitants as is possible to achieve
based on compact and contiguous territory, bounded as far as possible by
the center line of known streets or ways or by other well-defined limits.
Each ward shall be composed of voting precincts established in accordance
with the General Laws. The city council shall from time to time but not less
than once every 10 years, review the wards to ensure their uniformity in
number of inhabitants; provided, however, that the council shall review the
wards at least once every 10 years.
SECTION 7-6. APPLICATION OF THE GENERAL LAWS.
Except as otherwise expressly provided in this charter and authorized by
law, all city elections shall be governed by the laws of the commonwealth
relating to the right to vote, the registration of voters, the nomination of
candidates, the conduct of preliminary, general and special elections, the
submission of charters, charter amendments and other propositions to the
voters, the counting of votes, the recounting of votes and the determination
of results.
C:30
SECTION 8-1 CHARTER SECTION 8-2
ARTICLE 8
CITIZEN PARTICIPATION MECHANISMS.
SECTION 8-1. FREE PETITION.
The city council or the school committee shall hold a public hearing and
act on every petition addressed to the city council or the school committee
that is signed by not less than 50 voters, along with their addresses, and
that seeks the passage of a measure. The hearing shall be held by the city
council or the school committee, or by a committee or subcommittee of the
city council or the school committee, and the action by the city council or
the school committee shall be taken not later than 6 weeks after the petition
was filed with the city clerk or the school committee. Hearings on 2 or more
petitions filed under this section may be held at the same time and place.
The city clerk or the school committee shall mail notice of the hearing to the
10 persons whose names appear first on the petition not less than 7 days
before the hearing. Notice by publication of all such hearings shall be at
public expense.
SECTION 8-2. CITIZEN INITIATIVE MEASURES.
(a) Commencement. Initiative procedures shall be started by the filing of a
proposed initiative petition with the city clerk or the executive
secretary of the school committee. The petition shall: (i) be addressed
to the city council or the school committee; (ii) contain a request for the
passage of a particular measure, which shall be set forth in full in the
petition; and (iii) be signed by not less than 500 voters and include their
addresses. Not less than 50 signatures shall be certified from each
ward. The petition shall be accompanied by an affidavit signed by 10
voters, containing their residential addresses, stating that they will
constitute the petitioners' committee and be responsible for circulating
the petition and filing it in proper form, as well as designating 1
member as its clerk.
(b) Referral to City Solicitor. The city clerk or the executive secretary of the
school committee shall, immediately following receipt of a proposed
petition, deliver a copy of the petition to the city solicitor. The city
solicitor shall, not more than 15 days following receipt of a copy of the
petition, advise the city council or the school committee in writing as to
whether the measure as proposed may lawfully be proposed by the
initiative process and whether, in its present form, it may be lawfully
adopted by the city council or the school committee. If the opinion of
the city solicitor is that the measure is not in proper form, the reply
shall state the reasons for this opinion in full. A copy of the opinion of
the city solicitor shall be mailed to the person designated as clerk of the
petitioners' committee.
(c) Submission to City Clerk. If the opinion of the city solicitor is that the
petition is in a proper form, the city clerk shall provide blank forms for
the use of subsequent signers and shall print at the top of each blank
C:31
SECTION 8-2 MELROSE CODE SECTION 8-2
form a fair, concise summary of the proposed measure, as determined
by the city solicitor, together with the names and addresses of the first
10 voters who signed the originating petition. Not more than 30 days
following the date the blank forms are issued by the city clerk, the
petitions shall be returned and filed with the city clerk, signed by not
less than 15 per cent of the total number of voters as of the date of the
most recent city election. Signatures to an initiative petition may be on
more than 1 sheet of paper but all papers pertaining to any 1 measure
shall be fastened together and shall be filed as a single instrument with
the endorsement on it of the name and residential address of the person
designated as filing the same. With each signature on the petition,
there shall also appear the street and number of the residence of
each signer. Not more than 10 days following the filing of the petition,
the board of registrars of voters shall ascertain by what number of
voters the petition has been signed and what percentage that number
is of the total number of voters as of the date of the most recent city
election. The board of registrars of voters shall attach to the petition a
certificate showing the results of its examination and shall return the
petition to the city clerk or to the executive secretary of the school
committee, depending on how the petition is addressed. A copy of the
board of registrars of voters' certificate shall also be mailed to the
person designated as clerk of the petitioners' committee.
(d) Action on Petitions. Not more than 30 days following the date a petition
has been returned to the city clerk or the executive secretary of the
school committee and after publication under subsection (f), the city
council or the school committee shall act with respect to each initiative
petition by: (i) passing it without change; (ii) passing a measure stated
to be in lieu of the initiative measure; or (iii) rejecting it. The passage of
a measure in lieu of an initiative measure shall be a rejection of the
initiative measure. If the city council or the school committee does not
act with respect to an initiative measure that is presented to it not more
than 30 days following the date the measure is returned to it, the
measure shall have been rejected on the thirtieth day. If an initiative
measure is rejected, the city clerk or the executive secretary of the
school committee shall promptly give notice of that fact to the person
designated as the clerk of the petitioners' committee by certified mail.
(e) Supplementary Petitions. Not more than 60 days following the date an
initiative petition has been rejected, a supplemental initiative petition
may be filed with the city clerk or the executive secretary of the school
committee, but only by persons constituting the original petitioners'
committee. The supplemental initiative petition shall be signed by a
number of additional voters that is not less than 5 per cent of the total
number of voters as of the date of the most recent city election. The
signatures on the initial petition filed under subsection (c) and the
signatures on the supplemental petition filed under this subsection,
taken together, shall contain the signatures of not less than 20 per cent
of the total number of voters in the city. If the number of signatures to
this supplemental petition is found to be sufficient by the city clerk, the
C:32
SECTION 8-2 CHARTER SECTION 8-3
city council shall call a special election to be held on a date fixed by
it not less than 35 days nor more than 90 days following the date
of the certificate of the city clerk that a sufficient number of voters
have signed the supplemental initiative petition and shall submit the
proposed measure, without alteration, to the voters for determination;
provided, however, that if another city election is to be held not more
than 120 days following the date of the certificate of the city clerk that
a sufficient number of voters have signed the supplemental initiative
petition, the city council may omit the calling of such special election
and cause the question to appear on the election ballot at the
approaching election for determination by the voters.
(f) Publication. The full text of an initiative measure that is submitted to
the voters shall be published in at least 1 local news publication not less
than 7 days but not more than 14 days before the date of the election at
which the question is to be voted upon. Additional copies of the full text
shall be available for distribution to the public in the office of the city
clerk.
(g) Form of Question. The ballots used when voting on a measure proposed
by the voters under this section shall contain a question in substantially
the following form:
Shall the following measure that was proposed by an initiative petition
take effect?
(Here insert a fair, concise summary prepared by the petitioners and
approved by the city solicitor.)
YES
NO
(h) Time of Taking Effect. If a majority of the votes cast on the question is in
the affirmative, the measure shall be effective immediately unless a
later date is specified in the measure.
SECTION 8-3. CITIZEN REFERENDUM PROCEDURES.
(a) Petition, Effect on Final Vote. If, not more than 21 days following the
date on which the city council or the school committee has voted finally
to approve of a measure, a petition signed by a number of voters
amounting to not less than 12 per cent of the total number of voters as
of the date of the most recent general city election and addressed to the
city council or to the school committee, as the case may be, protesting
against the measure or any part of it is filed with the executive
secretary of the school committee or city clerk, the effective date of the
measure shall be temporarily suspended. The school committee or the
city council shall immediately reconsider its vote on the measure or
part of it and, if the measure is not rescinded, the city council shall
provide for the submission of the question for a determination by the
voters at a special election, which the city council may call at its
C:33
SECTION 8-3 MELROSE CODE SECTION 8-6
convenience, or within such time as may be requested by the school
committee or at the next regular city election; provided, however, that
pending this submission and determination the effect of the measure
shall continue to be suspended.
(b) Certain Initiative Provisions to Apply. The petition under this section
shall be a referendum petition and the applicable provisions of section
8-2 that relate to the filing and certification of signatures shall apply to
such referendum petitions, except that the words "measure or part
thereof protested against" shall replace the word "measure" and the
word "referendum" shall replace the word "initiative". The measure or
part protested against shall be null and void unless a majority of those
voting on the question shall vote in favor of the measure or part
protested against at the election.
SECTION 8-4. INELIGIBLE MEASURES.
The following shall not be subject to the initiative or referendum
procedures: (i) a proceeding relating to the internal organization or
operation of the city council or the school committee; (ii) an emergency
measure adopted under this charter; (iii) the city budget or the school
committee budget as a whole; (iv) an appropriation for the payment of
the city's debt or debt service; (v) an appropriation of funds to implement
a collective bargaining agreement; (vi) a proceeding relating to the
appointment, removal, discharge, employment, promotion, transfer,
demotion or other personnel action; (vii) a proceeding repealing or
rescinding a measure or part of it that is protested by referendum
procedures; (viii) a proceeding providing for the submission or referral
to the voters at an election; (ix) a memorial resolution and other votes
constituting ordinary, routine matters not suitable as the subject of an
initiative or referendum petition; (x) setting of a property tax rate; and (xi)
setting of water and sewer rates.
SECTION 8-5. SUBMISSION OF OTHER MATTERS TO VOTERS.
The city council may by its own motion, and shall at the request of the
school committee if a measure originates with the school committee and
pertains to affairs under its jurisdiction, submit to the voters at any regular
city election for adoption or rejection any measure in the same manner and
with the same force and effect as are hereby provided for submission by
petitions of voters.
SECTION 8-6. CONFLICTING PROVISIONS.
If 2 or more measures passed at the same election contain conflicting
provisions, only the measure receiving the greatest number of affirmative
votes shall take effect.
C:34
SECTION 9-1 CHARTER SECTION 9-6
ARTICLE 9
GENERAL PROVISIONS.
SECTION 9-1. CHARTER CHANGES.
This charter may be replaced, revised or amended in accordance with any
procedure made available under the state constitution or by-laws enacted
in accordance with the state constitution.
SECTION 9-2. SEVERABILITY.
The provisions of this charter shall be severable. If a provision of this
charter is held invalid, the other provisions shall not be affected by such
invalidity. If the application of this charter to a person or circumstance
is held invalid, the application of this charter and its provisions to other
persons and circumstances shall not be affected by such invalidity.
SECTION 9-3. SPECIFIC PROVISION TO PREVAIL.
To the extent that a specific provision of this charter shall conflict with a
provision expressed in general terms, the specific provision shall prevail.
SECTION 9-4. RULES AND REGULATIONS.
A copy of all rules and regulations adopted by a city agency shall be placed
on file in the office of the city clerk and shall be available for review by
any person who requests such information at a reasonable time. Unless an
emergency exists as determined by the mayor, no rule or regulation adopted
by a city agency shall become effective less than 5 days following the date
it is so filed.
SECTION 9-3. PERIODIC REVIEW OF CHARTER.
Not later than July 1, at 10-year intervals in each year ending in a 9, the
mayor, city council and school committee shall provide for a review to be
made of the city charter. This review shall be made by a special committee
to consist of 9 members, all of whom shall be voters of the city, 4 of whom
shall be appointed by the mayor, 4 of whom shall be appointed by the
city council president and 1 of whom shall be appointed by the school
committee chair. Not less than 2 of the persons appointed by the city council
president shall be members of the city council. The individual appointed
by the school committee chair shall be a current or former member of the
school committee. The special committee shall file its report with the city
clerk not later than May 1 in the year following the year in which the order
to invoke the committee was approved. The recommendations of the special
committee shall appear on the city council's agenda for action not later than
June 15 in the year in which the report is filed and if not so scheduled by the
city clerk the matter shall come before the city council for action at its next
meeting held following June 15 in that year and no other business shall be
in order until such report has been acted upon by roll call vote.
C:35
SECTION 9-6 MELROSE CODE SECTION 9-8
SECTION 9-6. UNIFORM PROCEDURES GOVERNING MULTIPLE-
MEMBER BODIES.
(a) Meetings. All appointed multiple-member bodies of the city shall meet
regularly at the times and places that their own rules prescribe. Special
meetings of any multiple-member body shall be held on the call of the
chairman or by 1/3 of the members of the body by written notice
delivered in hand, via electronic mail or by first class mail to the place
of residence of each member not less than 48 hours in advance of the
time set for the meeting, excluding Saturdays, Sundays and legal
holidays; provided, however, that the written notice shall contain notice
of the subjects to be acted upon. A copy of the notice shall also be
posted on the city bulletin board. Except as may otherwise be
authorized by law, all meetings of all multiple-member bodies shall be
open to the public.
(b) Rules and Journals. Each appointed multiple-member body shall
determine its own rules and order of business and shall provide for
keeping a journal of its proceedings. These rules and journals shall be a
public record and certified copies shall be placed on file in the office of
the city clerk and in the Melrose Public Library.
(c) Voting. If requested by a member, a vote of an appointed multiple-
member body shall be taken by a call of the roll and the vote of each
member shall be recorded in the journal. If the vote is unanimous, only
that fact shall be recorded.
(d) Quorum. A majority of the members of an appointed multiple-member
body shall constitute a quorum but a smaller number may meet and
adjourn from time to time. Unless some other provision is made by the
multiple-member body's own rules while a quorum is present, except on
procedural matters, a majority of the full membership of the body shall
be required to adopt a vote representing an exercise of the powers of
the multiple-member body.
SECTION 9-7. 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 9-8. REFERENCES TO GENERAL LAWS.
All references to General Laws contained in this charter shall refer to: (i)
the General Laws of the commonwealth; (ii) laws enacted that apply alike
to all cities and towns; (iii) laws enacted that apply alike to all cities; and
(iv) laws enacted that apply to a class of not less than 2 cities or towns
or combination thereof provided that the city is a member of the class.
References to the General Laws shall include any amendments or revisions
to such chapters or sections or to the corresponding chapters and sections
C:36
SECTION 9-8 CHARTER SECTION 9-11
of any rearrangement, revision or recodification of such laws enacted or
adopted subsequent to the adoption of this charter.
SECTION 9-9. COMPUTATION OF TIME.
In computing time under this charter, the day of the act or event after which
the designated period of time begins to run shall not be included. The last
day of the period shall be included unless it is a Saturday, Sunday or legal
holiday, in which event the period shall be extended to the next day that is
not a Saturday, Sunday or legal holiday. When the period of time designated
is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall
not be included.
SECTION 9-10. OATH OF OFFICE OF MAYOR, CITY COUNCIL AND
SCHOOL COMMITTEE.
A mayor-elect, the city council members-elect and the school committee
members-elect shall, on the first Monday after the first Tuesday in January
of each even-numbered year, meet and be sworn to the faithful discharge of
their duties. The oath may be administered to the mayor by the city clerk or
by a judge of a court of record or by a justice of the peace. The oath may be
administered to the members of the city council and the school committee
by the mayor, after the mayor has been duly sworn or by any of the above-
named officials. A certificate that any oath has been taken shall be entered
in the journal of the city council. In case of the absence of the mayor or
mayor-elect, as the case may be, or a member-elect of the city council or
school committee on the day the oath of office is administered, the oath
may at any time thereafter be administered to that person. A certificate
of each oath subsequently taken shall be entered in the journal of the city
council. After the oath has been administered to the city council present,
the board shall organize by electing from among its number a person to
serve as the president as provided in section 2-2. If the city clerk is unable
to preside during this election, the city council member senior in years of
service on the city council shall preside during this election. If 2 or more
members are equally senior in years of service on the city council, the
member senior both in years of service and age shall preside. The president
shall be sworn by the city clerk or, in the case of the absence of the city
clerk, by any person qualified to take oaths or affirmations. After the oath
has been administered to the school committee members present, they shall
organize by electing from among their number a person to serve as the
chair as provided in section 4-2. If the city clerk is unable to preside during
this election the member senior in years of service on the school committee
shall preside during the election. If 2 or more members are equally senior in
years of service on the school committee, the member senior both in years
of service and age shall preside. The chair and the vice-chair shall be sworn
by the city clerk or, in the case of the absence of the city clerk, by any
person qualified to take oaths or affirmations.
C:37
SECTION 9-11 MELROSE CODE SECTION 9-13
SECTION 9-11. CERTIFICATE OF ELECTION OR APPOINTMENT.
Every person who is elected, including those elected by the city council, or
appointed to an office of the city, shall receive a certificate of such election
or appointment from the city clerk. Except as otherwise provided by law,
every person who is elected, including those elected by the city council
or appointed to an office of the city before performing any act under this
appointment or election, shall take and subscribe to an oath to qualify to
enter upon the duties. A record of this oath shall be kept by the city clerk.
SECTION 9-12. LIMITATION ON OFFICE HOLDING.
No person shall simultaneously hold more than 1 full-time city office or
position of employment. Any hours worked in any part-time position shall
not be the same or otherwise conflict with the hours worked in a full-time
position.
SECTION 9-13. ENFORCEMENT OF CHARTER PROVISIONS.
It shall be the duty of the mayor to see that this charter is faithfully
followed and complied with by all city agencies and city employees. If it
appears to the mayor that any city agency or city employee is failing to
follow this charter, the mayor shall, in writing, cause notice to be given
to that agency or employee directing compliance with this charter. If it
shall appear to the city council that the mayor is not following this charter
it shall, by resolution or order, direct the attention of the mayor to the
charter provision with which the city council believes the mayor has failed
to comply. The procedures made available in chapter 231A of the General
Laws may be used to determine the rights, duties, status or other legal
relations arising under this charter, including any question of construction
or validity that may be involved in such determination.
C:38
SECTION 10-1 CHARTER SECTION 10-5
ARTICLE 10
TRANSITIONAL PROVISIONS.
SECTION 10-1. CONTINUATION OF EXISTING LAWS.
All General Laws, special laws, city ordinances and rules and regulations
of or pertaining to the city, including special acts creating regional entities
and arrangements of which the city is a member, that are in force when this
charter takes effect and not specifically or by implication repealed by this
charter shall continue in full force and effect until amended or repealed,
rescinded by law or expire by their own limitation. If a provision of this
charter is found to be inconsistent with any general or special law that
would otherwise be applicable, this charter shall prevail. An inconsistency
between a prior law and this charter shall be decided in favor of this charter.
SECTION 10-2. CONTINUATION OF GOVERNMENT AND
ADMINISTRATION.
All city agencies shall continue to perform their duties until re-elected
or reappointed or until successors to their respective positions are duly
appointed or elected or until their duties have been transferred and
assumed by another city agency.
SECTION 10-3. TRANSFER OF RECORDS AND PROPERTY.
All records, property and equipment whatsoever of any city agency, or part
thereof, the powers and duties of which are assigned in whole or in part to
another city agency shall be transferred immediately to that agency.
SECTION 10-4. EFFECT ON OBLIGATIONS, TAXES, ETC.
All official bonds, recognizances, obligations, contracts and other
instruments entered into or executed by or to the city before the adoption
of this charter and all taxes, assessments, fines, penalties and forfeitures,
incurred or imposed, due or owing to the city shall be enforced and
collected and all writs, prosecutions, actions and causes of action, except
as otherwise provided in this charter, shall continue without abatement and
remain unaffected by this charter. No legal act done by or in favor of the
city shall be rendered invalid by reason of the adoption of this charter.
SECTION 10-5. DISPOSITION OF CERTAIN SPECIAL LAWS.
(a) Certain Special Laws Recognized and Retained. The following special
acts are hereby especially recognized and retained: (i) chapter 124 of
the acts of 1936; (ii) chapter 39 of the acts of 1962; (iii) chapter 150 of
the acts of 1984; and (iv) chapter 71 of the acts of 1992.
(b) Certain Special Laws Recognized and Retained, in part. The following
special acts that amended the original city charter of 1899, relating to
the organization of the city's government, are recognized and retained,
in part, as follows: so much of chapter 144 of the acts of 1920 and
C:39
SECTION 10-5 MELROSE CODE SECTION 10-6
chapter 78 of the acts of 1926 as relates to the establishment of the
committee in charge of the care of Memorial Hall, until such time as the
mayor may act pursuant to article 5 of this charter.
SECTION 10-6. FAITHFUL PERFORMANCE.
On the first Tuesday following the first Monday in January of each even-
numbered year, the persons elected as mayor, members of the city council
and members of the school committee shall be sworn to the faithful
performance of their duties.
C:40