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Chapter C
Watertown Home Rule Charter
[HISTORY: This Home Rule Charter is as amended through Chapter 98 of the Acts of 2001 and
acceptance by the voters, November 6, 2001; further amended by Town Council proposal and accepted
by the voters on November 8, 2011.1
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Preamble
We, the people of Watertown—mindful of generations who came before us and those yet to come as we
seek a more perfect union are committed to preserving the blessings of life, liberty, and the pursuit of
happiness. In recognition of the historical truth that we live on land that is the traditional territory of the
Pequossette people, we hereby establish the following Ethic of Civic and Environmental Stewardship,
supported by a group of Guiding Principles for this Home Rule Charter for our city.
These guiding principles find multiple expression in Watertown's policy priorities,practices, and
partnerships, in furtherance of the Charter's purpose: to provide the residents of Watertown with a
government that represents all who live, work, play, and create here, and affirms our right to live and grow in
freedom, dignity, and tranquility. They also foster wise management of resources that guarantee the
opportunity for all residents to reach their full potential while caring for one another and promoting the
health, safety, and welfare of our community.
ETHIC OF CIVIC AND ENVIRONMENTAL STEWARDSHIP:
GUIDING PRINCIPLES
*SAFETY& TRANQUILITY *HEALTH& WELL-BEING
*LEARNING& EXCELLENCE * CREATIVITY&INNOVATION
*EQUITY&DIVERSITY *A CCOUNTABILITYAND TRANSPARENCY
We believe that this stewardship ethic and related guiding principles uphold public trust in the competent and
faithful execution of government duties, including loyalty and care. Taken together, they yield vibrant and
welcoming neighborhoods, high-quality and inclusive schools, transparent and accountable municipal
operations—including performance excellence, responsiveness, and collaboration - and thriving local
businesses. Recognizing the impact of our decisions on future generations, and committing to practices that
foster a sustainable environment in service to the common good, we, the people of Watertown hereby adopt
the following Home Rule Charter for our city, all in accord with the Home Rule Amendment to the
Constitution of the Commonwealth of Massachusetts.
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Article I
INCORPORATION; SHORT TITLE; POWERS; DEFINITIONS
SECTION 1-1 INCORPORATION.
The inhabitants of the Town of Watertown, within the territorial limits established by law, shall continue to
be a municipal corporation, a body corporate and politic, under the name "City of Watertown."
SECTION 1-2 SHORT TITLE.
This instrument shall be known and may be cited as the Watertown Home Rule Charter.
SECTION 1-3 DISTRIBUTION OF POWERS.
The fiscal,prudential and municipal affairs of Watertown, with the government thereof, shall be vested in a
legislative branch to consist of a city council and an administrative branch headed by a city manager. The
legislative branch shall never exercise any administrative power and the administrative 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
Watertown through the adoption of this charter to secure for themselves and their government all of the
powers it is possible to secure as fully and as completely as though each such power were specifically and
individually enumerated herein.
For the purposes of classifying Watertown in those instances where laws of the Commonwealth may
distinguish between municipalities classified as "towns" and other municipalities classified as "cities," it is
intended that this charter shall be construed as providing a city form of government.
SECTION 1-5 CONSTRUCTION.
The powers of Watertown under this charter are to be construed liberally in its favor, and the specific
mention of any particular power is not intended to limit the general powers as stated in section 1-4.
SECTION 1-6 INTER-GOVERNMENTAL RELATIONS.
Subject only to express limitations in the constitution or general laws of the Commonwealth, Watertown 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 agency or political
subdivision thereof, or with the United States government or any agency thereof.
SECTION 1-7 DEFINITIONS.
Unless another meaning is clearly apparent from the manner in which the word or phrase is used, the
following words and phrases as used in this charter shall have the following meanings:
(a) Charter- The word "charter" shall mean this charter and any amendment to it hereafter adopted.
(b) City - The word "city" shall mean the city of Watertown.
(c) City Bulletin Board- The words "city bulletin board" shall mean the bulletin board in the administration
building on which the city clerk posts official notices of meetings and upon which other official city
notices are posted, and the bulletin boards at any other locations as may be designated city bulletin
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boards by the city council. Any information required to be posted on the city bulletin board shall also be
posted on the city website.
(d) City Agency - The words "city agency" shall mean any multiple-member body, any department,
division, or office of the city of Watertown.
(e) City Officer- The words "city officer" when used without further qualification or description, shall
mean a person having charge of an office or department of the city who in the exercise of his or her
powers or duties exercises some portion of the sovereign power of the city.
(f) City Website - The words "city website" shall mean the official website maintained by the City of
Watertown.
(g) Department Head—The words "department head" shall mean a person having responsibility and
oversight for the operation and management of a city department.
(h) Emergency - The word "emergency" shall mean a sudden, unexpected,unforeseen happening,
occurrence or condition which necessitates immediate action or response.
(i) Full Council, Full Multiple-Member Body - The words "full council' or "full multiple-member body"
shall mean the entire authorized complement of the city council, school committee or other multiple-
member body notwithstanding any vacancy which might exist.
(j) general laws - The words "general laws" (all lower case letters) shall mean laws enacted by the state
legislature which apply alike to all cities and towns, to all cities, to all towns, or to a class of two or
more cities and or towns of which Watertown is a member
(k) General Laws - The words "General Laws" (initial letter of each word in upper case letters) shall mean
the General Laws of the Commonwealth of Massachusetts, a codification and revision of statutes
enacted on December 22, 1920, and including all amendments thereto subsequently adopted.
(1) Initiative Measure - The words "initiative measure" shall mean a measure proposed by the voters
through the initiative process provided under this charter.
(m) Local Newspaper—The words "local newspaper" shall mean a newspaper or electronic or other
media of general circulation within Watertown, with either a weekly or daily circulation. Any information
required to be published in a local newspaper shall also be posted in the city website.
(n) Majority Vote - The words "majority vote" shall mean a majority of those present and voting,unless
another provision is made by ordinance,by law, or by its own rules.
(o) Measure - The word "measure" shall mean any ordinance, order, resolution, or other vote or proceeding
adopted, or which might be adopted by the city council or the school committee.
(p) Multiple-member Body- The words "multiple-member body" shall mean any board, commission,
committee, sub committee, or other body consisting of two or more members whether elected, appointed
or otherwise constituted, but not including the city council, the school committee, and the trustees of the
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public library.
(q) Referendum Measure - The words "referendum measure" shall mean a measure adopted by the city
council or by the school committee which is protested by the referendum procedures provided under this
charter.
(r) Vacancy- The word "vacancy" shall mean an office that becomes open prior to the end of a person's
elected or appointed term due to the death, resignation, or removal of that person, or as a result of a
failure to elect.
(s) Voters - The word "voters" shall mean registered voters of the city of Watertown.
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Article 2
LEGISLATIVE BRANCH
SECTION 2-1 COMPOSITION, TERM OF OFFICE.
(a) Composition - There shall be a city council of nine members which shall exercise the legislative powers
of the city. Four of these members, to be known as councilors-at-large, shall be nominated and elected
by and from the voters at large. Four of these members, to be known as district councilors, shall be
nominated and elected by and from the voters of each district, one such district councilor to be elected
from each of the four council districts into which the city is divided, in accordance with section 7-6. The
ninth member of the city council shall be a council president, elected as provided in section 2-2.
(b) Term of Office - The terms of city councilors shall be for two years each, beginning on the first business
day of January in the year following their election, until their successors have been qualified.
(c) Eligibility-Any voter shall be eligible to hold the office of councilor-at-large. A district councilor shall
at the time of election be a voter of the district from which the councilor is elected, provided, however if
any such district councilor shall during the term for which the councilor was elected move to another
district in the city, or be so removed by a revision of district lines, such councilor may continue to serve
for the balance of the term for which the councilor was elected.
SECTION 2-2 COUNCIL PRESIDENT.
(a) Election and Term -A council president shall be nominated and elected by and from the voters at large
at each biennial election to serve for a term of two years, beginning on the first business day of January
following the election and until a successor is qualified.
(b) Powers and Duties - The council president shall be recognized as the official head of the city for all
ceremonial purposes and shall be recognized by the courts for the purposes of serving civil process.
The council president shall be the presiding officer of the city council. The council president shall have
no power of veto but shall have the same powers as any other member of the city council to vote upon
all measures coming before it. The council president shall be responsible for coordinating the
development of council goals and policies, and for facilitating the development, periodic review, and
updating of a long-term vision for the city, in collaboration with the council, the city manager, and
members of the public. The council may vote to designate the council president the council's temporary
spokesperson during emergencies or for specific topics, and the council may also vote to revoke such
designation. The council president shall perform such other duties consistent with the office as may be
provided by charter,by ordinance, or by vote of the city council.
The council president shall also serve as a member of the school committee and shall update the council
regularly on school committee matters. The officer provided for in this section shall be referred to as
"council president", but ballots used in electing the said office shall contain the words "council president
and member of school committee."
(c) Council Vice President-As soon as practicable after the councilors elect have been qualified following
each biennial election, the city council shall elect from among its members a vice president who shall
act as president during the absence or disability of the council president.
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SECTION 2-3 COMPENSATION,EXPENSES.
(a) Salary- The city council may,by ordinance,provide an annual salary for its members. No ordinance
increasing or decreasing such salary shall be effective, however, unless it shall have been adopted
during the first eighteen months of the term for which city councilors are elected, and it provides that
such salary is to take effect with the organization of the city government following the next biennial
election.
(b) Expenses - Subject to appropriation, the council members shall be entitled to reimbursement of their
actual and necessary expenses incurred in the performance of their duties.
SECTION 2-4 GENERAL POWERS.
(a) Except as otherwise provided by general law or by this charter, all powers of the city shall be vested in
the city council which shall provide for their exercise and for the performance of all duties and
obligations imposed upon the city by law. The city may enter into contracts for the exercise of its
corporate powers on such terms and conditions as are authorized by the city council by ordinance.
(b) The powers exercised by the city council include the establishment of policies to guide the administrative
branch in its exercise of administrative power. Such policies shall be reflected in the city council's votes,
resolutions, ordinances, appropriation orders, and loan authorizations.
SECTION 2-5 EXERCISE OF POWERS; QUORUM; RULES.
(a) Exercise of Powers - Except as otherwise provided by general law or by this charter, the legislative
powers of the city council may be exercised in a manner determined by it.
(b) Quorum- The presence of five members shall constitute a quorum for the transaction of business, but a
smaller number may meet and adjourn from time to time. Except as otherwise provided by general law
or by this charter the affirmative vote of five members shall be required to adopt any ordinance or
appropriation order.
(c) Rules of Procedure - The city council shall from time to time adopt rules regulating it procedures, which
shall be in addition to the following:
(i) Regular meetings of the city council shall be held at a time and place fixed by ordinance.
(ii) Special meetings of the city council shall be held at the call of the council president, or, on the call of
any three or more members, by written notice delivered to each member and which contains a listing of
the items to be acted upon. Except in case of an emergency, of which the council president shall be
judge, such notice shall be posted upon the city bulletin board at least forty-eight week-day hours
excluding Saturdays, Sundays and legal holidays in advance of the time set for such meeting.
(iii) All sessions of the city council and of every committee or sub committee thereof, shall at all times be
open to the public and to the press, unless another provision is made by law.
(iv) A full, accurate,up-to-date account of the proceedings of the city council shall be kept, which shall
include a record of each vote taken, and which shall be made available with reasonable promptness
following each meeting.
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(v)All public comments and questions made during the public forum section of meetings, and resulting
answers, shall be included on the city website. Replies provided after the meeting shall be added when
the reply is made. All councilor requests for information from the city manager or other city officers and
replies made during the meeting shall be included on the city website. Replies provided after the
meeting shall be added when the reply is made. If any information requested is prohibited from
disclosure by the state public records law, the city's reply shall so state.
SECTION 2-6 ACCESS TO INFORMATION.
(a) In General - The city council may make investigations into the affairs of the city and into the conduct
and performance of any city agency and for this purpose may subpoena witnesses, administer oaths and
require the production of evidence.
(b) City Officers, Members of Town Agencies, Employees - The city council may require any city officer,
member of a city agency or city employee to appear before it to give such information as the city
council may require in relation to the municipal services, functions,powers, or duties which are within
the scope of responsibility of such person.
(c) City Manager- The city council may require the city manager to appear before it at any time to provide
specific information on the conduct of any aspect of the business of the city which is within his or her
control by or under this charter or by or under any statute or law.
The city manager may on any such occasion bring any assistant, department head or other city officer or
employee or other resources to assist the manager in responding to questions which may be posed to the
manager.
(d) Notice - Except in cases of emergency the city council shall give not less than five days notice in writing
to any person it may request to appear before it under the provisions of this section. The notice shall
include specific questions on which the city council seeks information, and no person called to appear
before the city council under this section shall be required to respond to any question not relevant or
related to those presented to the person in advance and in writing. Notice shall be by delivery in hand, or
by electronic mail (with notification of receipt requested),by registered or certified mail to the last
known place of residence of any such person.
SECTION 2-7 OFFICERS APPOINTED BY THE COUNCIL OR COUNCIL PRESIDENT.
(a) City Auditor- The city council, by the affirmative vote of at least five members, shall appoint a city
auditor for an indefinite term of office.
The City auditor shall be appointed solely on the basis of his or her professional qualifications and
experience.
The city auditor shall keep and have charge of the accounts of the city and shall from time to time audit
the books and accounts of all city agencies. The city auditor shall have such other powers and duties as
provided for auditors and accountants by general laws and such additional powers and duties as may be
provided by the charter, by ordinance or by other vote of the city council.
(b) Clerk of the Council - The city council shall appoint, and may remove at its discretion a person
nominated by the council president, who may be the city clerk, to serve as clerk for a term of three years
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and until his or her successor is chosen and qualified. The clerk of the council shall give notice of its
meetings to its members and to the public, keep the journal of its proceedings and perform such other
duties as may be provided by ordinance or by other vote of the city council.
(c)Analyst- The city council, by the affirmative vote of at least five members, shall appoint a council
analyst, who may serve in a full-time or part-time capacity, for a term of three years. The analyst shall
provide assistance with legislative oversight and research, and shall not be involved in the day-to-day
administrative detail of the operations of the city. The analyst shall make periodic reports to the council,
with such frequency as the council by ordinance, by rule, or by other vote may direct, but not less
frequently than quarterly. All officials of the city shall cooperate with the analyst in the performance of
this oversight function. The analyst shall have such other powers and duties as may be provided by
charter, by ordinance, or by other vote of the council.
(d)Additional Staff- The council may establish additional council support positions and consultants by
ordinance as the council deems necessary and may by the affirmative vote of at least five members
appoint staff to serve in those positions. All officials of the city shall cooperate with employees and
consultants of the city council in the performance of their oversight functions.
(d) Salaries - The officers appointed under Section 2-7 shall receive such salaries as may from time to time
be provided for such office by ordinance.
(e) Supervision- The council president shall be responsible for day-to-day supervision of the city auditor
and clerk of the council, including but not limited to discipline of same up to and including an unpaid
suspension of not more than five days; provided, however, that the council president may, at the council
president's sole discretion, bring to the city council any personnel matter involving the city auditor or
clerk of the council for appropriate action, and provided further that the affirmative vote at least five
members of the city council shall be required to remove the city auditor or clerk of the council.
SECTION 2-8 ORDINANCES AND OTHER MEASURES.
(a) Emergency Ordinances -No ordinance shall be passed finally on the date it is introduced, except in case
of special 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 such ordinance, separately voted upon and receiving the affirmative vote of
six members of the city council.
No ordinance making a grant, renewal or extension, whatever its kind or nature, of any franchise or
special privilege of any kind or nature shall be passed as an emergency measure, and except as provided
in sections seventy and seventy-one of chapter one-hundred sixty-four and in chapter one-hundred sixty-
six of the General Laws, no such grant, renewal or extension shall be made otherwise than by ordinance.
Emergency ordinances shall stand repealed on the sixty-first day following their adoption, unless an
earlier expiration date is specified in the emergency ordinance, or unless a measure passed in conformity
with the procedures for measures generally has been passed extending it.
(b) Measures, In General - Excepting only proposed ordinances, appropriation orders and loan
authorizations, the city council may pass any other measure through all of its stages at any one meeting,
provided that no member of the city council shall object; but, if any single member objects, a vote on the
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measure shall be postponed to the next meeting of the city council.
On the first occasion that the question of adopting any measure is put to the city council, except an
emergency measure as defined in section 2-9(a), if a single member objects to the taking of a vote, the
vote shall be postponed until the next meeting of the city council regular or special. If when the matter is
next taken up for a vote, four or more members object to the taking of the vote, the matter shall be
further postponed for not less than an additional five days. This procedure shall not be used more than
once for any measure, notwithstanding any amendment made to the original measure.
(c) Publication- Every proposed ordinance, appropriation order or loan authorization [except emergency
ordinances as provided in section 2-9(a)], shall be published once in full in a local newspaper, and in
any additional manner as may be provided by ordinance, at least five days before its final passage. After
final passage it shall be posted on the city bulletin board and otherwise published as may be required by
ordinance. Provided, however, that whenever a proposed ordinance or codification of ordinances or
other measure would exceed in length ten column inches, then in lieu of publication in a local
newspaper, the same may be published and made available at the office of the city clerk in booklet or
pamphlet form and posted on the city website, and if so published and available at least ten days before
its final passage shall be deemed sufficient notice. Whenever the city council provides for publication in
a booklet or pamphlet form in lieu of the newspaper publication, it shall, at least five days before final
passage publish in a local newspaper a general summary of the proposed ordinance, or ordinances, and a
notice stating the times and places at which copies of the booklet or pamphlet may be obtained or
reviewed by the public.
(d) Following each council meeting, the clerk of the council shall post on a dedicated space on the city
website and place on file in the city clerk's office all city council votes, resolutions, ordinances,
appropriation orders, and loan authorizations.
SECTION 2-9 FILLING OF VACANCIES.
(
(a)Vacancies in the First 12 months of the Council Term - If a vacancy shall occur in the office of
council president, councilor-at-large, or district councilor during the first 12 months of the term for which
councilors are elected, the vacancy shall be filled by a special election to be held at least 60 days but not
more than 120 days after the date the election is called; provided, however, that the city council may, by
vote of not less than 6 councilors, instead appoint an eligible voter to fill the vacancy on the council.
Should the seat of a district councilor be vacant, the voter chosen to serve as councilor must be a resident
of the district.
(b)Vacancies in the Second 12 months of the Council Term- If a vacancy shall occur in the office of
council president, councilor-at-large, or district councilor during the second 12 months of the term for
which councilors are elected, the council may, by a vote of not less than 6 councilors, vote to call a
special election to fill the vacancy at least 60 days but not more than 120 days after the date the election
is called, or the council may, by vote of not less than 6 councilors, appoint an eligible voter to fill the
vacancy on the council. Should the seat of a district councilor be vacant, the voter chosen to serve as
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councilor must be a resident of the district.
(c) If an acting city councilor appointed under paragraphs (a) or(b) is not elected to the office at the next
city election, or if the position remains vacant, the person certified by the election commission as a
successful candidate to the office shall forthwith be sworn and shall serve the remainder of the vacant
term in addition to the term for which the person was elected.
(d) An acting city councilor appointed by the city council under paragraphs (a) or(b) shall not be entitled to
have the words "candidate for reelection" printed against that person's name on the ballot at the next
election.
SECTION 2-10 ANNUAL COUNCIL MEETINGS
In addition to the annual budget meeting described in Section 5-1 and any other meetings the council creates
by ordinance, the council shall hold the following annual meetings:
(a) State of the Town: The council president, in conjunction with the city manager, shall prepare and
deliver a yearly message to the residents describing the state of the city. The message will address
the financial state of the city, strengths of the city, and areas that need attention, as well as
potential opportunities for the betterment of the city.-
(b) Annual Open Public Forum: The council president shall convene at least 1 meeting of the general
public each year for the purpose of obtaining public input to the policies of the city. The meeting
agenda and format shall be determined by the city council but shall be designed to facilitate 2-way
communication between the city government and residents. Members of the public may submit
potential items for the agenda of the meeting in accordance with rules adopted by the city council.
The public shall be given at least 14 days' notice of the date and time of such meeting.
(c) Individual Councilor Meetings: Each at large and district councilor shall convene at least 1
meeting each year open to all residents. The meeting agenda and format shall be determined by
each councilor but shall be designed to facilitate 2-way communication between the councilor and
residents. Members of the public may submit potential items for the agenda of the meeting in
accordance with rules adopted by the city council. The public shall be given at least 14 days'
notice of the date and time of such meeting. Councilors shall schedule these meetings in a way
that prevents more than one from occurring at the same date and time.
SECTION 2-11 HUMAN RIGHTS COMMISSION
The city council shall establish a Human Rights Commission by ordinance.
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Article 3
CITY MANAGER
SECTION 3-1 APPOINTMENT, TERM OF OFFICE; QUALIFICATIONS.
(a) Appointment, Term of Office - The city council, by the affirmative vote of at least five members, shall
appoint a city manager.
(b) Qualifications - The city manager shall be appointed solely on the basis of his or her executive and
administrative qualifications. The city manager shall be a person especially fitted by education, training
and previous experience in municipal administration directly related to the profession of municipal
management to perform the duties of the office.
The city manager shall devote his or her full time to the office and shall not hold any other public office,
elected or appointed, nor shall the person serving as city manager engage in any other business,
occupation or profession unless such action is approved, in advance,by the city council.
The city council may, by ordinance, establish other qualifications for the office of city manager.
SECTION 3-2 POWERS AND DUTIES.
The city manager shall be the chief administrative officer of the city and shall be responsible to the city
council for the proper administration of all city affairs placed under his or her charge by or under the charter.
The citv manaizer shall be responsible for implementation of policies established by the citv council. as
reflected in the citv council's votes and resolutions and in ordinances, appropriation orders, and loan
authorizations. The powers and duties of the city manager shall include,but are not intended to be limited to,
the following:
1) Supervise, direct and be responsible for the efficient administration of all city activities placed under his
or her control by the charter, by ordinance, or otherwise, including all officers appointed by the manager
and their respective agencies.
2) Be responsible for the coordination of the activities of all agencies under his or her control with the
activities of all other city agencies, including those elected by the voters of Watertown and those
appointed by other elected officials.
3A) Appoint, and may remove, subject to the civil service law and any collective bargaining agreements as
may be applicable, all department heads, al town officers, sub r-din, es and employees for-,„h,,,..., no ther-
of town
agencies under the direction and supervision of the town manager. Appointments made by the town manager-
shall
. Prior to posting and
beginning the search for a department head position, the town manager shall meet with the town council to
discuss priorities for the department and desirable qualifications and qualities of candidates for the position.
3B)Appoint all members of multi-member bodies for whom no other method of appointment is provided by
general law, the charter, ordinance or town council resolution. Appointments made by the town manager to
multi-member bodies shall be subject to confirmation of the town council, as provided by ordinance.
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4) Administer personnel related matters, including bargaining with municipal employees, and shall fix the
compensation of all municipal employees appointed by the manager within the limits established by
appropriation and any ordinance or collective bargaining agreement.
5) Assure that all of the provisions of the General Laws, the city charter, city ordinances, and other votes of
the city council which require enforcement by him or her, or by officers or employees subject to his or
her supervision, are faithfully carried out and enforced.
6) Prepare and submit an annual operating budget and a capital outlay program as provided in Article 5.
7) Assure that a full and complete record of the financial and administrative activities of the city is kept
and shall render a complete written report to the city council at the end of each fiscal year and at such
times as the city council may reasonably require.
7A) Execute contracts, subject to such prior city council approval as may be prescribed by ordinance.
8) Have full jurisdiction over the rental and use of all city facilities, except school and library buildings and
grounds. The Town Manager shall be responsible for the maintenance and repair of all city-owned
property, including, if authorized by an ordinance establishing a central city maintenance department,
school and library buildings and grounds.
9) Inquire at any time into the conduct of office of any officer, employee, or department under his or her
supervision.
10) Assure that a full and complete inventory of all property owned by the city, both real and personal, is
kept.
11) Make such recommendations, from time to time, to the city council, which, in the manager's judgment,
are deemed necessary or desirable
12) Authorize any subordinate officer or employee to exercise any power or perform any function which the
city manager is authorized to exercise or perform, provided, however, all acts performed under any such
delegation shall be deemed to be the acts of the city manager.
13A) Determine the existence of a public emergency or danger and shall assume responsibility for the
maintenance of public safety,public order and enforcement of laws. The manager shall notify the
council president as soon as practical, but within 24 hours, of such a public emergency or danger and of
the actions taken. Should the public emergency continue more than 24 hours, the city council may meet
to review, ratify, or terminate said public emergency.
13B) Execute all deeds conveying city real property, but that any such conveyance shall have been
previously authorized by the vote of the city council pursuant to the applicable provisions of the General
Laws.
13C) Publish an annual report comprising the complete statistical record of the operations of every city
department, commission and committee for the preceding year, and it shall be published annually and
made available for distribution to the public not later than four months after the end of the period on
which the report is based.
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(14) Be responsible for city government communications, including,but not limited to, developing a timely
and comprehensive communication strategy, coordinating the announcements and messages from
department heads, communicating regularly, via all available media avenues, with residents, ensuring
that all aspects of the city's website are kept up-to-date, and soliciting recommendations for greater
communication from residents.
(15) In order to provide transparency, accountability, and the opportunity to communicate expectations and
results to the public, maintain a public-facing data and performance management initiative that
periodically monitors, reports, and benchmarks progress on the implementation of the council's strategic
priorities; key performance measures to benchmark the activities of the city as a whole and city
departments, commissions and committees; and any other subject matter that, in the discretion of the
manager, focuses on improving the efficiency and effectiveness of city services.
(16) Perform such other functions as may from time to time be assigned to the office of city manager by
ordinance or other vote of the city council, or otherwise.
SECTION 3-3 COMPENSATION.
The city manager shall receive such compensation as may from time to time be established for the office of
city manager, by ordinance.
SECTION 3-4 REMOVAL.
Before the city manager may be removed, if the manager so demands, the manager shall be given a written
statement of the reasons alleged for the manager's removal, and shall have a right to be heard thereon at a
meeting of the city council prior to the final vote on the question of removal, but pending and during such
hearing the city council may suspend the manager from office The action of the city council in suspending or
removing the city manager shall be final, it being the intention of this provision to vest all authority and to fix
all responsibility for such suspension or removal in the city council. The city manager shall continue to
receive the manager's salary until the effective date of a final vote of removal. The city council may, by
ordinance, establish a procedure governing the removal from office of a city manager in such detail as it may
deem necessary or desirable.
SECTION 3-5 ACTING CITY MANAGER.
(a) Temporary Absence - The city manager shall, by letter filed with the city council and a copy filed with
the city clerk, designate a qualified city officer or administrative employee to exercise the powers and
perform the duties of the office during temporary absence. During the first ten working days of a
temporary absence of the city manager, the city council may revoke such designation by a two-thirds
vote and, after the expiration of ten working days, by a majority vote, whereupon it may appoint another
qualified city officer or employee to serve as acting city manager until the city manager shall return and
resume the manager's duties.
(b) Vacancy-Any vacancy in the office of city manager shall be filled as soon as possible by the city
council but pending such appointment the city council shall designate a qualified city officer or
administrative employee to exercise the powers and perform the duties of the city manager on an acting
basis. The appointment of an acting city manager shall be for a term not to exceed four months;
provided, however, one renewal, not to exceed a second four months, may be permitted.
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(c) Powers and Duties -The powers of a temporary or acting city manager shall be limited to matters not
admitting of delay; provided, however, no temporary city manager under(a) above shall have authority
to make any permanent appointment to, or removal from, any office or position under the city.
SECTION 3-6 EVALUATION OF CITY MANAGER.
The city council shall conduct an annual review of the city manager's job performance in a manner provided
by ordinance. This review shall include specific metrics for goals related to the powers and duties outlined in
Section 3-2. The council shall provide opportunities for public participation in the review process.
SECTION 3-7 RESIDENTS' ADVISORY COMMITTEE
The city manager shall establish a Residents' Advisory Committee to assist with recruitment, evaluation, and
selection of candidates for appointment to multiple-member bodies. In making appointments to multiple-
member bodies, the city manager shall seek to appoint individuals with relevant expertise or experience. The
city manager shall work with the Residents' Advisory Committee to establish policies and practices to
actively encourage a diverse pool of applicants for multiple-member bodies. The city manager and Residents'
Advisory Committee shall recognize the importance of diversity in appointments, including, but not limited
to, gender identity, sexual orientation, race, and ethnicity.
15
Article 4
OTHER ELECTED OFFICES
SECTION 4-1 SCHOOL COMMITTEE.
(a) Composition - There shall be a school committee of seven members, six of whom shall be nominated
and elected by and from the voters at large, and the seventh member shall be the person elected as the
council president and school committee member as provided in Section 2-2(b).
(b) Terms of Office -At each biennial election, three school committee members shall be elected at large
and shall serve for a four year term. The terms of school committee members shall begin on the first
business day of January following their election, and shall continue until their successors are qualified.
(c) Eligibility-Any voter shall be eligible to hold the office of school committee member.
(d) Powers and Duties - The school committee shall have all powers which are conferred on school
committees by general laws and such additional powers and duties as may be provided by the charter,
by ordinance, or otherwise. Its powers and duties shall include,but are not intended to be limited to the
following:
1) To appoint a superintendent of the schools and other employees consistent with the General Laws. The
superintendent shall be charged with the day-to-day administration of the school system, subject to
policy directives adopted by the school committee;
2) To fix the salaries of those officers and employees as authorized by the General Laws, subject to
appropriation and collective bargaining agreements, and to establish educational goals and policies
consistent with the requirements of the General Laws and statewide goals and standards, including
policies and procedures pursuant to a collective bargaining agreement; and
3) To make all reasonable rules and regulations for the management of the public school system and for
conducting the business of the school committee as may be deemed necessary or desirable.
The school committee shall furnish all school buildings with proper fixtures, furniture and equipment and
shall provide ordinary maintenance of all school buildings and grounds; provided, however, the city council
may, by ordinance,provide for the establishment of a central municipal maintenance department which may
include maintenance of school buildings and grounds.
4) Salary- The school committee may provide an annual salary for its members within the annual school
department appropriation. No increase in such salary shall be effective, however, unless it shall have
been adopted during the first eighteen months after the biennial election of members, and it provides
that such salary is to take effect with the organization of the city government following the next biennial
election.
5) Expenses - Subject to the school department appropriation, the members of the school committee shall
be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their
duties.
(e) Filling of Vacancies - (1) If a vacancy shall occur on the school committee during the first 24 months of
the term for which school committee members are elected, the vacancy shall be filled by special election
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held forthwith and no earlier than 64 days from the date the election is called; provided, however, that
city council, by vote of not less than 6 councilors, may instead vote to have the vacancy filled by
appointment by the remaining members of the school committee from among the voters. (2) If a
vacancy shall occur on the school committee during the second 24 months of the term for which the
school committee members are elected, the vacancy shall be filled forthwith by appointment by vote of
the remaining members of the school committee from among the voters; provided, however, that if
approved by not less than six city councilors within 14 days of the date the city council is notified of the
vacancy, a special election to fill the vacancy may instead be held forthwith on a date at least 64 days
from the date the election is called. The school committee may provide the city council with a non-
binding recommendation concerning the manner of selection to be used to fill the vacancy. (3) If an
acting school committee member appointed under paragraphs (1) or(2) is not elected to the office at the
next city election, or if the position remains vacant, the person certified by the election commission as a
successful candidate to the office shall forthwith be sworn and shall serve remainder of the vacant term
in addition to the term for which the person is elected. (4)An acting school committee member
appointed under paragraphs (1) or(2) shall not be entitled to have the words "candidate for reelection"
printed against that person's name on the ballot at the next election.
(f) Council President - The council president shall have the same power as any other member to vote on
every matter coming before the school committee.
SECTION 4-2 LIBRARY TRUSTEES.
(a) Composition, Term of Office - There shall be a board of trustees of the public library which shall consist
of six persons elected for terms of four years each, so arranged that three such terms shall expire at each
biennial city election.
(b) Powers and Duties - The board of trustees of the public library shall have the custody and management
of the library and reading rooms and of all property of the city devoted to library purposes. All funds
raised or appropriated by the city for the support and maintenance of the library shall be expended under
the direction of the said board. All funds or property which the city may receive by gift or bequest, or
otherwise, for library purposes shall be administered by the said board in accordance with the terms of
such gift, bequest or otherwise.
The board of trustees of the public library shall, subject to appropriation, have the following specific powers
and duties:
To appoint a director of the library and to set the director's salary within the salary range set by the city
manager.
1) The director shall be charged with the day-to-day administration of the library system including
appointment, supervision and removal of all other employees connected with the library system, fixing
their salaries, defining their duties, and making rules concerning their tenure of office, subject to policy
directives adopted by the library trustees and the provisions of any applicable collective bargaining
agreement.
2) To make all reasonable rules and regulations for the operation and management of the library system
and for the conduct of their own business and affairs as may be deemed necessary or desirable.
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The board of trustees of the public library shall in all matters of general municipal policy and procedures be
subject to policy directives designed to achieve uniformity and better administrative control as may from time
to time be issued by the city manager. Responsibility for the ordinary maintenance of library buildings and
grounds may be transferred to a central municipal maintenance department by ordinance adopted by the city
council. The board of trustees of the public library shall have all of the other powers and duties as may be
provided by general law, by charter, by ordinance or otherwise.
(c) Filling of Vacancies -
(1) If a vacancy shall occur on the board of library trustees during the first 24 months of the term for which
library trustees are elected, the vacancy shall be filled by special election held forthwith and no earlier
than 64 days from the date the election is called; provided however, that the city council,by a vote of
not less than 6 councilors, may instead vote to have the vacancy filled by appointment by the remaining
members of the board of library trustees and the council president from among the voters.
(2) If a vacancy shall occur on the board of library trustees during the second 24 months of the term for
which library trustees are elected, the vacancy shall be filled forthwith by appointment by vote of the
remaining members of the board of library trustees and the council president from among the voters;
provided, however, that if approved by not less than six city councilors within 14 days of the date the
city council is notified of the vacancy, a special election to fill the vacancy may instead be held
forthwith on a date at least 64 days from the date the election is called.
(3) If an acting library trustee appointed under paragraphs (1) or(2) is not elected to the office at the next
city election, or if the position remains vacant, the person certified by the election commission as a
successful candidate to the office shall forthwith be sworn and shall serve the remainder of the vacant
term for which the person was elected.
(4) An acting library trustee appointed under paragraphs (1) or(2) shall not be entitled to have the words
"candidate for reelection" printed against the person's name on the ballot at the next election.
(d) Salary- The board of trustees may request an ordinance to provide an annual salary for its members. No
ordinance increasing such salary shall be effective, however,unless it shall have been adopted during
the first eighteen months after the biennial election of members, and it provides that such salary is to
take effect with the organization of the city government following the next biennial election.
(e) Expenses - Subject to appropriation, the members of the board of trustees shall be entitled to
reimbursement of their actual and necessary expenses incurred in the performance of their duties.
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Article 5
FINANCIAL PROCEDURES
SECTION 5-1 BUDGET HEARING AND GOAL SETTING.
The president of the city council shall call a meeting of the city council prior to the commencement of the
budget process,but not later than October 30, to review the financial condition of the city, revenue and
expenditure forecasts, and other information relevant to the budget process. The president also shall invite the
city's state legislative delegation and representatives of the school committee and library board of trustees to
attend this meeting. Subsequent to this meeting, the city council shall meet to set policy goals with input
from the city manager and the community. Based on these goals, the city manager will develop budgetary
goals and the city budget.
SECTION 5-2 SUBMISSION OF BUDGET,MESSAGE.
The city manager shall, within 14 days after the receipt of departmental budget proposals,but in no event
later than January 31, prepare and submit to the city council a synopsis of all proposed budget initiatives and
requests for additional funding for its review and prioritization. The synopsis shall include a summary of
each initiative, its justification and its estimated costs. Councilors may also propose budget initiatives for
review and prioritization. Any such proposal must include a summary,justification and estimate of costs. The
city manager shall provide an estimate of projected revenues.
By the first regularly scheduled city council meeting in April, or a later date if approved by a vote of the city
council, the city manager shall submit to the city council a proposed operating 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 message of the city manager shall explain the proposed budget for all city agencies, in fiscal terms, in
terms of work programs, and as to how the budget incorporates the policy goals established by the council. 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 terms of financial policies,
expenditures or revenues, together with the reasons for such changes, show the amount budgeted and actually
expended for the current fiscal year, summarize the city's debt position, and include such other material as
the city manager deems desirable or the city council may reasonably require.
SECTION 5-3 ACTION ON THE BUDGET.
(a) Public Hearing - The city council shall, within 14 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 city manager and a notice stating: (1) the times and places where complete copies of the proposed
budget and supporting documents are available for examination by the public and(2) the date, time and
place, not less than ten days after such publication, when the city council, or a standing committee of the
city council, will hold a public hearing on the proposed budget as submitted by the city manager.
(b) Adoption - The city council shall adopt the budget, with or without amendments, within sixty days
following the day the proposed budget is received by it, or such other period as may be provided by
general law. 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 any action with
respect to any item in the proposed budget within sixty days following the date of its receipt of the
proposed budget, or such other period as may be provided by general law, such amount shall, without
any action by the city council,become a part of the appropriations for the ensuing fiscal year and shall
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be available for the purposes specified.
The city council may add budget items or increase funding for existing budget items as generally described in
sections 32 and 33 of chapter 44 of the General Laws for items not funded or insufficiently funded in the city
manager's proposed budget.
SECTION 5-4 INDEPENDENT AUDIT.
The city council shall provide for an audit to be completed by a certified public accountant, or firm of such
accountants not later than December 31 st following the close of each fiscal year.
SECTION 5-5 CAPITAL OUTLAY PROGRAM.
(a) Submission- The city manager shall prepare and submit to the city council a five year capital outlay
program at least three months prior to the final date for submission of a proposed annual operating
budget.
(b) Contents - The capital outlay program in the form submitted shall include:
1) A clear general summary of its contents,
2) A listing of all capital expenditures which are proposed to be made during the five fiscal years next
ensuing, with appropriate financial and other details concerning each such expenditure,
3) Cost estimates, proposed methods of financing, and a time schedule for each such expenditure,
4) The estimated annual cost of operating or maintaining any facilities to be acquired or constructed.
The above information shall be revised and extended, annually.
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Article 6
ADMINISTRATIVE ORGANIZATION
SECTION 6-1 REORGANIZATION PLANS BY ORDINANCE.
Except as otherwise prohibited by general law or by 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
city manager shall be headed and administered by officers appointed by the manager.
SECTION 6-2 REORGANIZATION PLANS BY ADMINISTRATIVE CODE.
(a) Submission - The city manager may from time to time prepare and submit to the city council
reorganization plans which may,unless prohibited by general law or the charter, 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. Each such reorganization plan shall be accompanied by an explanatory
message when submitted to the city council.
(b) Council Action- Every such reorganization plan shall,upon receipt by the city council, be referred to an
appropriate standing committee of the city council for study and report. Within thirty days following its
referral to a committee a public hearing shall be held concerning the proposal, either before the standing
committee, or before the full city council. Within fourteen days following the conclusion of the public
hearing the standing committee to which such matter was referred shall file a report stating either that it
approves of the reorganization plan or that it disapproves of it. A reorganization plan shall become
effective on the ninetieth day following the date of its receipt by the city council,unless a later date is
specified in the reorganization plan, or unless the city council has within said period voted to disapprove
of it. A reorganization plan submitted by the city manager under this section may not be amended by the
city council but shall either be approved or disapproved in the form as submitted.
SECTION 6-3 PUBLICATION OF REORGANIZATION PLANS.
An up-to-date record of reorganization plans under section 6-2(b) shall be kept on file in the office of the city
clerk and copies of all such plans shall be published as an appendix to any publication of the ordinances of
the city.
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Article 7
NOMINATIONS, ELECTIONS, INITIATIVE AND REFERENDUM
SECTION 7-1 BOARD OF ELECTION COMMISSIONERS.
(a) Composition - The board of election commissioners shall consist of four persons, of whom two shall
always represent each one of the two leading political parties, as defined in section one of chapter fifty
of the General Laws.
(b) Appointment, Term of Office - The city manager, subject to approval by the city council, shall appoint
the members of the board of election commissioners for terms of four years each, so arranged that one
such term of office shall expire on April first of each year. Every such appointment shall be made from
a list to be submitted by the city committee of the political party from the members of which the
position is to be filled, containing the names of three enrolled members of such party resident in the city,
selected by a majority vote at a duly called meeting at which a quorum is present, of such committee;
provided, however, if the chair of the city committee has not submitted such a list to the city manager
within forty five days after a notification to the said chair by certified mail, the city manager shall make
such appointment without reference to such a list. Members shall serve until the qualification of their
successor. In case of a vacancy it shall be filled in the same manner as aforesaid, except it shall be for
the balance of the unexpired term.
(c) Organization- The board of election commissioners shall organize annually in the month of April by
choosing a chair and a secretary. In case the members are unable to agree upon a chair and a secretary,
such officers shall be designated by the city manager. The secretary shall keep a full and accurate record
of the proceedings of the board and shall perform such other duties as the board may require.
(d) Powers and Duties -All the powers, rights,privileges, liabilities and duties relating to caucuses,
primaries, preliminary elections and elections by law vested in and imposed upon mayors, managers,
boards of aldermen, selectmen, city or town clerks and board of registrars of voters, except the power
and duty of giving notice of elections and fixing the days and hours of holding the same shall be vested
in and performed by the board of election commissioners. The board may appoint such assistant
commissioners and such assistants as it deems necessary, who shall at all times equally represent the
two leading political parties as defined aforesaid. Said assistant commissioners shall have such powers
and perform such duties as are prescribed by general law for assistant registrars of voters, and shall
perform such other duties as the board may require. Persons appointed to serve temporarily as assistant
commissioners shall not be subject to chapter 31 of the General Laws. The board shall have such other
powers and duties as may be provided to such boards of election commissioners under section sixteen A
of chapter fifty-one of the General Laws, or otherwise.
(e) Compensation- The members of the board of election commissioners shall receive such compensation
for their services as the city manager and city council may from time to time determine.
SECTION 7-2 CITY ELECTIONS: GENERAL; PRELIMINARY.
The regular general city election shall be held on the first Tuesday following the first Monday in November
in each odd numbered year.
On the seventh Tuesday preceding every regular general city election there shall be a preliminary election for
the purpose of nominating candidates.
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SECTION 7-3 NON-PARTISAN ELECTIONS.
All elections for city offices shall be non-partisan and election ballots shall be printed without any party
mark, emblem, or other designation whatsoever.
SECTION 7-4 PRELIMINARY ELECTION.
(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 council
president and member of the school committee, councilor-at-large, school committee member, or library
trustee, not less than one-hundred such signatures, not more than fifty of which shall be from any one
district; for the office of district councilor not less than one hundred such signatures from the district
from which the nomination is sought.
(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 board of election commissioners, which shall be open
to the public.
(c) Determination of Candidates - The two persons receiving at a preliminary election the highest number
of votes for nomination for any office shall be the sole candidates for that office whose names shall be
printed on the official ballots to be used at the regular general city election at which such office is to be
voted upon, and no acceptance of a nomination 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 ballots. 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 or her name printed on the official ballots for the election, all candidates participating
in said tie vote shall have their names printed on the official ballots, although in consequence thereof
there be printed on such ballots the names of candidates exceeding twice the number to be elected.
(d) Condition Making Preliminary Unnecessary- If at the expiration of time for filing statements of
candidates to be voted upon at any preliminary election not more than twice as many such statements
have been filed with the election commission for an office as candidates are to be elected to such office,
the candidates whose statements have been filed with the election commission shall be deemed to have
been nominated to such office, and their names shall be voted upon for such office at the succeeding
general election, and the board of election commissioners shall not print their names on the ballots to be
used at said preliminary election and no other nomination to such office shall be made. If in
consequence it shall appear that no names are to be printed upon the official ballots to be used in any
particular district or districts of the city, no preliminary election shall be held in such district or districts.
SECTION 7-5 BALLOT POSITION, REGULAR TOWN 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 board of election commissioners which shall be open to the public.
SECTION 7-6 DISTRICTS.
The territory of the city shall be divided into four districts so established as to consist of compact and
contiguous territory, bounded insofar as possible by the center line of known streets or ways or by other well
defined limits. Each such district shall be composed of voting precincts otherwise established in accordance
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with general laws. The city council shall from time to time review such districts to insure their uniformity in
number of inhabitants.
SECTION 7-7 APPLICATION OF STATE GENERAL LAWS.
Except as 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.
SECTION 7-8 CITIZEN PETITIONS TO COUNCIL OR SCHOOL COMMITTEE.
The city council or the school committee shall hold a public hearing and act with respect to every citizen
petition which is addressed to it, which petition shall not be required to take any particular form, and is
signed by one-hundred-fifty voters, or more, and which seeks the passage of a measure concerning matters
other than action under section 7-11(c). The hearing shall be held by the city council or the school
committee, and the action by the city council or the school committee shall be taken not later than three
months after the petition is filed with the clerk of the council or the secretary of the school committee, as may
be appropriate. 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 persons whose names appear first on the petition at least forty-eight hours before the hearing. Notice,by
publication, of all such hearings shall be at public expense.
SECTION 7-9 CITIZEN INITIATIVE MEASURES.
(a) Commencement- 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 the case may be. The petition shall be
addressed to the city council or to the school committee, shall contain a request for the passage of a
particular measure, which shall be set forth in full in the petition, and shall be signed by at least ten
percent of the total number of voters as of the date of the most recent city election. Signatures to an
initiative petition need not all be on one paper,but all such papers pertaining to any one measure shall
be fastened together and shall be filed as a single instrument, with the endorsement thereon of the name
and residence address of the person designated as filing the same. With each signature on the petition
there shall also appear the street and number of the residence of each signer.
Within ten days following the filing of the petition the board of election commissioners 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 election commissioners shall attach its'
certificate to the petition to the clerk of the council or the secretary of the school committee according to how
the petition is addressed. A copy of the certificate shall also be mailed to the person designated upon such
petition as having filed the same.
(b) Referral to City Attorney- If the board of election commissioners determines that a petition has been
signed by a sufficient number of voters, the clerk of the council or the secretary of the school
committee, as the case may be, shall forthwith following receipt of such certificate deliver a copy of the
petition to the city attorney. Within fifteen days following the date a copy of the petition is delivered to
the city attorney, the city attorney shall, in writing, advise the city council or the school committee, as
may be appropriate, 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 by the school
24
committee. If the opinion of the city attorney is that the measure is not in proper form, the city attorney
shall state the reasons in full in the reply. A copy of the opinion of the city attorney shall also be mailed
to the person designated on the petition as having filed the same.
(c) Action on Petitions -Within thirty days following the date a petition has been returned to the clerk of
the council or to the secretary of the school committee by the city attorney, and after publication in
accordance with the provisions of section 2-8(c), the city council or the school committee shall act with
respect to each initiative petition by passing it without change,by passing a measure which is stated to
be in lieu of an initiative measure, or by rejecting it. The passage of a measure which is in lieu of the
initiative measure shall be deemed to be a rejection of the initiative measure. If, at the expiration of the
said thirty days the city council or the school committee has not voted on such petition, no other
business of said council or committee shall be in order or lawfully acted upon until a vote to approve of
the measure, to disapprove of the measure, or to adopt some other measure in lieu thereof, has been
taken.
(d) Supplementary Petitions -Within forty-five days following the date an initiative petition has been
rejected, a supplemental initiative petition may be filed with the clerk of the council or the secretary of
the school committee. The supplemental initiative petition shall be signed by a number of additional
voters which is equal to five percent of the total number of voters as of the date of the most recent city
election. If the number of signatures to such supplemental petition is found to be sufficient by the board
of election commissioners, the city council shall call a special election to be held on a date fixed by it
not less than thirty nor more than forty-five days following the date of the certificate of the board of
election commissioners 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, if any other city election is to be held within one-hundred-twenty days following the
date of the said certificate, the city council may omit the calling of such special election and cause said
question to appear on the election ballot at such approaching election for determination by the voters.
(e) Publication- The full text of any initiative measure which is submitted to the voters shall be published
in a local newspaper not less than seven nor more than fourteen days preceding the date of the election
at which such 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 board of election commissioners.
(f) Form of Question- The ballots used when voting on a measure proposed by the voters under this section
shall contain a question in substantially the following form:
Shall the following measure which was proposed by voters in an initiative petition take effect?
(Here insert the full text of the proposed measure, or a fair, concise summary, as determined and prepared by
the city attorney, in consultation with the city clerk.)
YES
NO
(g) 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 such measure; provided,
however, that no such measure shall be deemed to be adopted if fewer than twenty percent of the total
number of voters of the city, as of the date of the most recent city election,participate at such election.
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SECTION 7-10 CITIZEN REFERENDUM PROCEDURES.
(a) Petition, Effect on Final Vote - If, within twenty days following the date on which the city council or the
school committee has voted finally to approve of any measure, a petition signed by a number of voters
equal to fifteen percent of the total number of voters as of the date of the most recent city election and
addressed to the city council or to the school committee, as the case may be, against the measure or any
part thereof is filed with the secretary of the school committee or clerk of the council, the effective date
of such measure shall be temporarily suspended. The school committee or the city council shall
forthwith reconsider its vote on such measure or part thereof, and, if such measure is not rescinded the
city council shall provide for the submission of the question for a determination by the voters either at a
special election which it may call at its convenience, or within such time as may be requested by the
school committee, or at the next regular city election, but pending such submission and determination
the effect of such measure shall continue to be suspended.
(b) Certain Initiative Provisions to Apply - The petition described in this section shall be termed a
referendum petition and insofar as applicable, Section 7-9 (a), (b) and(e) shall apply to such referendum
petitions, except that the words "measure or part thereof protested against" shall be deemed to replace
the word "measure" in said sections wherever it may occur and the word "referendum" shall be deemed
to replace the word "initiative" wherever it may occur in said sections.
Form of Question- The question that shall appear on the ballot shall take the following form:
Shall the following measure enacted by the Town Council take effect?
(Here insert the full text of the proposed measure, or a fair, concise summary of the measure, as determined
and prepared by the city attorney in consultation with the city clerk)
YES
NO
SECTION 7-11 INELIGIBLE MEASURES.
None of the following shall be subject to the initiative or the referendum procedures: (1)proceedings relating
to the internal organization or operation of the city council or of the school committee, (2) an emergency
measure adopted in conformity with the charter, (3)the city budget or the school committee budget as a
whole, (4)revenue loan orders, (5) any appropriation for the payment of the city's debt or debt service, (6) an
appropriation of funds to implement a collective bargaining agreement, (7) proceedings relating to the
election, appointment, removal, discharge, employment, promotion, transfer, demotion, or other personnel
action, (8) any proceedings repealing or rescinding a measure or part thereof which is protested by
referendum procedures, and(9) any proceedings providing for the submission or referral of any measure to
the voters at an election.
SECTION 7-12 SUBMISSION OF OTHER MATTERS TO VOTERS.
The city council may of its own motion, and shall, at the request of the school committee, if a measure
originates with that body and pertains to affairs under its jurisdiction, submit to the voters at any regular city
election for adoption or rejection any measure in the same manner and with the same force and effect as are
hereby provided for submission by petitions of voters.
SECTION 7-13 CONFLICTING PROVISIONS.
If two or more measures passed at the same election contain conflicting provisions, only the one receiving
the greatest number of affirmative votes shall take effect.
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Article 8
GENERAL PROVISIONS
SECTION 8-1 CHARTER CHANGES.
(a) In General - This charter may be replaced, revised or amended in accordance with any procedure made
available under the state constitution, or by statutes enacted in accordance with the state constitution.
(b) Periodic Review- The city council shall provide, in every year ending in a six, for a complete review of
the charter by a committee of nine members to be appointed by the council president and confirmed by a
majority of the council. Not more than three members of the committee shall be current members of the
council. All members of the committee shall be residents of the city. The said committee shall file a
report within the said year recommending any changes in the charter which it may deem to be necessary
or desirable,unless an extension is authorized by vote of the city council. The city council shall
appropriate funds adequate to cover professional assistance, public engagement, and community
education for the committee's review. The city council shall provide all the necessary documents and
information to the committee and the public prior to the commencement of the charter review process.
SECTION 8-2 SEVERABILITY.
The provisions of this charter are severable. If any provision of this charter is held invalid, the other
provisions shall not be affected thereby. If the application of this charter, or any of its provisions, to any
person or circumstance is held invalid, the application of this charter and its provisions to other persons and
circumstances shall not be affected thereby.
SECTION 8-3 SPECIFIC PROVISION TO PREVAIL.
To the extent that any specific provision of this charter may conflict with any other provision expressed in
general terms, the specific provision shall prevail.
SECTION 8-4 RULES AND REGULATIONS.
City agencies other than the school department and the Watertown Free Public Library may adopt rules and
regulations upon authorization by the city council. Except as otherwise specified by state law, the city
council shall authorize adoption of rules and regulations by ordinance or resolution.
Proposed rules and regulations, including amendments to existing rules and regulations, shall be transmitted
to the city council and posted on the city website for a public comment period of not less than 14 days.
Following the public comment period, the city agency shall transmit to the city council and post on the city
website any revisions to the proposed rule or regulation or, alternatively, a notice that it is not making any
revisions. No rule or regulation shall become effective until at least five days following the date the city
agency transmits and posts any revisions or a notice that it is not making any revisions.
If an emergency exists as determined by the city manager and communicated in writing to the city council, a
city agency may adopt a rule or regulation without regard to the procedures or time periods in the preceding
paragraph.
A copy of all rules and regulations adopted by city agencies shall be placed on file in the office of the city
clerk and posted on the city website and shall be available for review by any person who requests such
information at any reasonable time.
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SECTION 8-5 CODIFICATION OF ORDINANCES.
The city council shall provide, in each year ending in two, for a complete review and recodification of all
ordinances of the city for the purpose of determining if any amendments or revisions may be necessary or
desirable and to ensure internal consistency. Such review shall be conducted under the supervision of the city
attorney, or, if the city council so directs, by special counsel appointed for that purpose. A report, with
recommendations, shall be submitted within the said year.
The city clerk shall annually review all ordinances adopted since the close of the previous fiscal year, insert
them in their proper place in the code of ordinances, and publish them on the city's website.
SECTION 8-6 UNIFORM PROCEDURES APPLICABLE TO MULTIPLE MEMBER BODIES.
(a) Meetings -All multiple-member bodies of the city shall meet regularly at such times and places as they
may,by their own rules, prescribe,unless some other provision is made by ordinance or by law. Special
meetings of any multiple-member body shall be held on the call of the chair or by one third of the
members thereof, by written which contains a list of the item or items to be acted upon. Except in case
of an emergency such notice shall be posted on the city bulletin board at least forty-eight hours,
excluding Saturdays, Sundays and legal holidays in advance of the time set for such meeting and
delivered to members of such multi-member body, forthwith, after such posting.
(b) Rules and Journals - Each multiple-member body shall determine its own rules and order of business
unless another provision is made by ordinance or by law, and shall provide for the keeping of a journal
of its proceedings. These rules and journals shall be a public record, and certified copies shall be kept on
file in the office of the city clerk, in the Watertown Free Public Library and posted on the city's website.
(c) Voting - If requested by any member, any vote of any multiple-member body shall be taken by a call of
the roll and the vote of each member shall be recorded in the journal; provided, however, that if the vote
is unanimous only that fact need be recorded.
(d) Quorum-A majority of the members of a multiple-member body shall constitute a quorum, but a
smaller number may meet and adjourn from time to time.
(e) Conflict of Interest -Unless such service may otherwise be authorized by law, no member of an elected
multiple-member body shall, while holding such office, hold any other city office or employment for
which a salary or other emolument is payable from the city treasury. No member of an elected multiple-
member body shall hold any compensated appointed city office or employment until six months
following the date on which the person's elected service to the city is terminated. This provision shall
not prevent a city officer or city employee who has taken a leave of absence from such office or
employment from resuming the same office or employment following service as an elected member of a
multiple member board.
Provided, however, that an elected member of the city council shall not be prohibited by the preceding
paragraph from holding a position under the authority of the school committee; and further that if the council
president shall hold such an office or position the city council shall,by vote, designate the vice president or
some other member of the city council not so ineligible to serve as school committee member in the council
president's place, and such councilor shall have all the powers and duties of the council president serving as a
school committee member as set forth in section 4-1 of this charter.
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SECTION 8-7 NUMBER.
Words importing the singular number may extend and be applied to several persons or things; words
importing the plural number may include the singular.
SECTION 8-8 REFERENCES TO GENERAL LAWS.
All references to General Laws contained in the charter refer to the General Laws of the Commonwealth of
Massachusetts and are intended to refer to and to include any amendments or revisions to such chapters or
sections, or to the corresponding chapters and sections of any rearrangement, recodification, or revision of
such statutes enacted or adopted subsequent to the adoption of this charter.
SECTION 8-9 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,before performing any act under an appointment or election, all such
persons shall take and subscribe to an oath of office and be sworn to the faithful performance of their duties.
SECTION 8-10 NOTICE OF VACANCIES.
Whenever a vacancy shall occur in any city office or in the employment of the city, or, when by reason of a
retirement, or resignation, or the expiration of a fixed term, or otherwise, a vacancy can be anticipated, the
city manager or other appointing authority shall forthwith cause public notice of such vacancy or impending
vacancy to be publicly posted on the city bulletin board for not less than ten days. Each such notice shall
contain a brief description of the duties of the office or position and shall indicate a list of necessary or
desirable qualifications for the office or position. Any person who desires to be considered for an
appointment to fill such vacancy may, within ten days following the date the notice is posted, or such longer
period as may be indicated in such announcement, file with the appointing authority a statement setting forth
with reasonable clarity and specificity, the qualifications of such person for such appointment. No permanent
appointment to fill any position shall be effective until at least fourteen days have elapsed following such
posting to permit the reasonable consideration of all such applicants. This section shall not apply to positions
covered under the civil service law and rules or if in conflict with the provisions of a collective bargaining
agreement.
SECTION 8-11 PENALTIES FOR ELECTED OFFICIALS CONVICTED OF A FELONY.
(a) Definition-For the purposes of this section of the charter, "conviction" means a finding of guilt
resulting from a plea of guilty, the decision of a court or magistrate or the verdict of a jury, irrespective
of the pronouncement of judgment or sentence or the suspension thereof.
(b) Criminal Actions Involving Discharge of Official Duties -Notwithstanding any general or special law
or charter provision to the contrary, any person convicted of any criminal offense involving a violation
of the person's official duties in any elective office at the time of conviction shall be deemed to have
vacated said office at the time of conviction.
(c) Felony Conviction-Notwithstanding any general or special law or charter provision to the contrary, any
person convicted of a felony in any jurisdiction of the United States, while holding elective office in the
city of Watertown, who still holds such elective office at the time of conviction, may be subject to
censure,permanent removal from any committee chairs held by virtue of the office, or expulsion by a
two-thirds vote of the remaining members of the body of which the elected official is a member, and
said body shall have authority to exclude said officer and to declare the office vacant.
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(d) Reversal of Conviction or Pardon- If the conviction is reversed or vacated and the term of such person
has not yet expired, the elected official shall be restored to office with all its rights. If pardoned, the
official shall not by reason thereof be restored,unless it is so expressly ordered by the terms of the
pardon or by majority vote of the members of the body. If an elected official is restored to office in
accordance with this section after a conviction is reversed or vacated, any person previously chosen to
fill the vacancy created as a result of such prior conviction shall be deemed to have vacated the office at
the time the conviction is reversed or vacated.
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Article 9
TRANSITIONAL PROVISIONS
SECTION 9-1 CONTINUATION OF EXISTING LAWS,ETC.
All general laws, special laws, town ordinances, and rules and regulations of or pertaining to the town that
are in force when any amendments to this charter takes effect, and not specifically or by implication repealed
hereby, shall continue in full force and effect until amended or repealed, or rescinded by due course of law,
or until they expire by their own limitation.
SECTION 9-2 CONTINUATION OF GOVERNMENT AND ADMINISTRATION.
Except as otherwise provided in this charter, following a charter amendment all city agencies shall continue
to perform their duties until reselected, or until successors to their respective positions are duly appointed or
elected and qualified, or until their duties have been transferred and assumed by another agency as so
provided.
SECTION 9-3 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 pursuant to a charter amendment, shall be
transferred forthwith to such agency.
SECTION 9-4 CONTINUATION OF PERSONNEL.
Following a charter amendment affecting a particular town office, position or employment, any person
holding such town office or position in the administrative service of the town, or any person holding full time
employment under the town, shall subject to appropriation and the continued existence of such office,
position or employment, retain the same and continue to perform the duties thereof until provision shall have
been made for the performance of those duties by another person or agency unless sooner removed in
accordance with this charter, applicable collective bargaining agreement, employment contract or ordinance;
provided, however, no person in the permanent full time service of the town shall forfeit the employee's pay
grade, or time in service of the town. Subject to appropriation and in accord with the provisions of any
applicable collective bargaining agreement, all such persons shall be retained in a capacity as similar to the
capacity in which they were serving at the time this charter is amended as is practicable, and any reduction in
the personnel needs of the town shall be accomplished through a policy of attrition,unless specific provision
is otherwise made.
SECTION 9-5 EFFECT ON OBLIGATIONS, TAXES, ETC.
All official bonds, recognizances, obligations, contracts, and other instruments entered into or executed by or
to the town before the adoption of this charter, and all taxes, assessments, fines,penalties, forfeitures,
incurred or imposed, due or owing to the town, shall be enforced and collected, and all writs,prosecutions,
actions and cause of action, except as herein otherwise provided, shall continue without abatement and
remain unaffected by the charter or any amendment thereto; and no legal act done by or in favor of the town
shall be rendered invalid by reason of the adoption or amendment of this charter.
SECTION 9-6 TEMPORARY ADMINISTRATIVE CODE.
(a) Until such time as another provision is made in accordance with the provisions of the charter, for a
different organization of the administration of the government of the city, the following temporary
provisions shall be in effect.
(i) The city manager shall appoint the following city officers who shall serve at his or her pleasure: a city
clerk, a city treasurer-collector, a personnel assistant, a superintendent of public works and an
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administrative assistant and other department heads or deputy city managers as may be authorized by
the city council.
(ii) The city manager shall appoint the following officers, subject to the civil service law and rules: a fire
chief, a police chief and a purchasing agent.
(iii) The city manager shall appoint the following city officers for a term of years: constables, members of a
council on aging and the staff of such council, an animal inspector and a veterans' services director.
Provided, however, that to the extent that any of these offices set forth in this section are no longer required,
this section shall not be interpreted to require the city manager to make appointments thereto.
(iv) The city manager shall appoint the following city officers, subject to the approval of the city council;
and in accordance with the provisions of applicable laws, provided, however, if the city council shall fail
to take any action on a proposed appointment by the city manager within thirty days following the date
notice of such appointment is filed by the city manager with the city council, such appointment shall be
deemed to have been confirmed: a city attorney, a licensing board, a board of assessors, a board of
appeals, a planning board, a housing authority, a conservation commission, a board of health, and an
election commission and other committees that may from time to time be authorized by the city council
by ordinance.
With respect to the offices and multiple-member bodies identified in subsections 9-6(a)(iii) and 9-6(a)(iv), the
city council may, by ordinance, set the term of office, and determine the size of any such multiple-member
board; provided, however, that adoption of an ordinance hereunder shall not affect the term of any incumbent
holding office at the time of the effective date of the ordinance.
SECTION 9-7 CREATION OF HUMAN RIGHTS COMMISSION.
By June 30, 2023, the city council shall adopt an ordinance establishing a Human Rights Commission, in
accordance with the provisions of Section 2-11. Such ordinance shall address the composition, term, powers,
and responsibilities of the commission.
SECTION 9-8 CREATION OF COMMUNITY ENGAGEMENT OFFICER POSITION.
-By December 31, 2022, the city manager shall appoint a community engagement officer.
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