HomeMy Public PortalAboutWatertown CRC Final Report.08.03.21 with appendix_202108171003088274 Watertown 2020 Charter Review Committee Final Report
Revised 08.03.21
Sections:
1. Background
2. Overview of Process
3. Primary Topics Covered
4. Proposed Charter Changes (red-lined charter in appendix)
S. Non-Charter Ideas Worthy of Implementation or Continued Discussion, and
Topics Not Covered by the Committee but Worthy of Review (full list in
appendix)
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1. Background
"A charter is the foundation of a local government and functions as the municipal equivalent of a state
or federal constitution,setting forth guiding principles for governance. Composed by citizens,a charter
specifies the most fundamental relationships between a government and its community. It establishes
the framework for how a local government operates in terms of its structure, responsibilities,
functions, and processes. The way public officials are elected, the form of government, and the role
citizens play in local government are just a few examples of the important choices articulated in a
charter."
-Guide for Charter Commissions, National Civic League, p. 5
As the National Civic League eloquently puts it above, a municipal charter is like the municipality's
constitution. It provides the framework on which the municipal government operates. Watertown's
current charter was enacted in 1980 and replaced the prior representative town meeting/board of
selectmen form of government which had been in place for approximately 60 years with the current
council-manager form. (The final report of the 1980 charter commission is available on the charter review
committee's page of the Town website.)
As with most Massachusetts charters enacted in the last half century,the Watertown charter includes an
automatic review mechanism. Section 8-1(b) reads:
Periodic Review- The town council shall provide, in every year ending in a zero,for a complete review
of the charter by the entire council and six additional voters to be appointed by the council president.
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 town
council.
This 10-year review is a typical timeframe for periodic review among Massachusetts charters. (The
composition of the committee including the full council is somewhat unusual, but this will be addressed
later in the report.) Given this provision, this charter review is the fourth 10-year review of Watertown's
current charter that has been undertaken.
It also may be worth noting that the presence of the 10-year review provision in the charter does not
preclude changes to the charter at other points in time. The intent of periodic review provisions is to
provide a maximum length of time between reviews, not to be the only point when charter change can
occur.At any time,there are multiple pathways by which the council or the public could initiate processes
to make changes to the charter. (See,for example, Chapter 43B of the Massachusetts General Laws.)
The main purpose of a charter review is to provide a community the opportunity to assess the current
functioning of the municipal government and to propose adjustments as needed.
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2. Overview of Process
Due to the ongoing pandemic, Watertown's 2020 charter review process was certainly different than the
Town's prior charter reviews. In particular, the challenges and needs of the pandemic forced a delayed
start for the work, as it did with other Massachusetts municipal charter reviews scheduled to take place
in 2020.Additionally,the need to hold committee meetings virtually had significant impacts on the work.
Virtual meetings may have contributed to slowing down the pace of the work, but they also appeared to
allow broader public participation by allowing people to participate by computer or phone from
anywhere.
The committee held its first meeting on October 6, 2020 and held 20 meetings over the course of the next
nine months. (Agenda,video, and minutes of these meetings are available on the Town website.) Several
of these meetings included guests invited by the committee.At its November 17 meeting,the committee
heard perspectives from representatives of the school committee and library trustees.
As part of the committee's consideration of a change in form of government to a mayor-council, the
committee heard from a panel of mayors and manager on January 5. The committee was grateful to
Mayor Kim Driscoll of Salem, Mayor Scott Galvin of Woburn, and Town Administrator Jamie Hellen of
Franklin for their time and perspectives.The committee then heard from a panel of councilors on January
19, including Melissa Cox, City Councilor at Large, Gloucester; Jennifer Grigoraitis, Ward Councilor (and
Past President), City of Melrose; Paul Guanci, City Council President, City of Beverly; and Mandi Jo
Hanneke,Town Councilor at Large,Town of Amherst.
On April 6, the committee held a public forum on the subject of whether to continue with a council-
manager form of government or change to a mayor-council. Approximately 125 residents attended this
meeting, and approximately 75 provided public comment.
While much lower than the attendance at the forum considering change in form of government, public
attendance at and participation in regular committee meetings was high when compared with attendance
at the last charter review committee meetings in 2010 or with more recent meetings of charter review
committees in other Massachusetts municipalities(according to the committee's consultant).On average,
the committee would estimate that approximately 20 residents attended meetings and approximately 10
provided public comment. There were additional opportunities for the community to communicate with
the committee via email and written communication, and many people did so throughout the process.
Beyond the added ease of the meetings being virtual, the robust public attendance was driven by both
work of the communications sub-committee and an external group of residents including the group
known as Watertown Forward that was deeply engaged in the committee's work throughout the process.
In terms of the communications work of the sub-committee, the full committee, and Town officials, the
outreach efforts included the following:
• Creation of a flyer
• Placement of physical signage with QR codes
• Town-wide, door-to-door literature drop
• Outside meetings
• Expanded website
• Online survey
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The committee's process began with a discussions of what problems and issues the committee thought it
would be most important to try to address through changes to the charter. This led to the creation of an
initial set of themes that drove much of the discussion and debate. Additional themes appeared later in
the committee's discussions. (See next section for overview of themes.)
Once the main issues and themes had been identified, the committee proceeded to evaluate the largest
possible change to address the issues (the change in form of government). After deciding that
amendments to the current form of government were preferable to changing form of government, the
committee than proceeded to assess other changes to address the issued raised.
The result of these discussions, debates, and votes is this report and the changes recommended within it.
This report concludes the official work of the 2020 charter review committee.The town council will now
debate these changes and decide which to move forward. (The council will also send the proposed
changes to the Town's legal counsel for legal review.) There are two pathways for the changes to go
forward.
For most changes,the council can, by a two-thirds vote, send changes to the attorney general for review.
Assuming the attorney general finds proposed changes do not conflict with the Massachusetts
Constitution or the general laws, the changes can go on the November ballot.
For a small number of changes, it is possible that they could need to go a different pathway. This would
entail the council voting by a simple majority to send the changes to the legislature as a home rule petition.
If the legislature and the governor passed the home rule petition, the changes could then go on the
November ballot. The changes that would be required to go this latter route would be "any change in a
charter relating in any way to the composition, mode of election or appointment, or terms of office of the
legislative body, the mayor or city manager, or the board of selectmen or town manager." (Chapter 4313,
Section 10)The Town's legal counsel will provide guidance on all of these matters.
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3. Primary Topics Covered
Early in the committee's discussions, a handful of key themes quickly emerged as areas of significant
concern or interest.These first themes were:
1. Transparency/communications
2. Responsiveness/accountability
3. Legislative capacity
4. Balance of power between legislative and executive
5. Vision and values
As the discussions progressed,two other themes arose:
6. Protect the Town's financial strength
7. Ways to expand the number and diversity of voices in town government
In the three sections that follow,the changes proposed are coded with the numbers above to help readers
see what issues the changes were attempting to address.
There are a small number of the changes this committee is proposing that do not directly respond to one
or more of these themes. These changes will be coded with the following:
8. Technical correction/correction for clarity
9. Other
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4. Proposed Charter Changes (red-lined charter in appendix)
The committee is recommending a wide range of changes to the charter, based on the topics noted above.
For a red-lined version of the charter with all changes recommended by the committee, please see
Appendix A.
Some of the more significant changes include the following. It is important to note that while some votes
were unanimous, some were contested.The vote tallies can be found in the minutes on the committee's
website. For simplicity, the list below uses "the committee" to indicate that the majority voted for the
change.The committee recommends:
• Adding a Preamble: Although it is not legally binding, the committee thought that a Preamble
would help provide an important step toward defining the vision and values of Watertown's
government.
• Changing the name from "the city known as the town of Watertown" to "city of Watertown":
The committee felt that it was time for Watertown to recognize that it has legally been a city for
40 years and end the confusion around its name.This appears throughout the document.
• Clarifying some of the duties and responsibilities of the council president: The committee felt
that it was important to add some clarity to the council president's role around leading the
council's processes of policy-making and vision-setting, as well as communications during
emergencies. (Section 2-2)
• Reiterating the council's role as the chief policy-setting body: The committee made several
changes to strengthen the council's policy-setting role. This includes language directly indicating
this in two sections (Section 2-4 and Section 3-2), as well as stronger role in the creation of rules
and regulations (Section 8-4).
• Continuing to improve communications with the public: The committee acknowledges that the
town has been working in this direction and has plans to continue working on this. For charter
changes, the committee added two new requirements for communicating with the public (in
Section 2-5 and Section 2-8) and created a new set of public meetings required of the council and
the manager. (Section 2-10) The committee also added communications and improving the use
of data in town government to the enumerated list of the manager's powers and duties. (Section
3-2)
• Bolstering council capacity: In response to frequent discussions about council capacity
challenges,the committee created the ability for the council to determine its own staffing needs.
(Section 2-7).
• Creating a human rights commission: There was interest in the committee in establishing this
body to address issues where mechanisms are not currently in place, but the committee felt
working out the details would take significantly more time than it had available. Therefore, the
committee left construction of the commission to the council to complete by ordinance.
• Striking the residency requirement for the manager: As head of the executive, the manager is
arguably the most important position in the government. Residency requirements can
significantly impact recruiting efforts. To ensure the strongest possible pool of candidates, the
committee removed the residency requirement. (Section 3-1)
• Finding a balance between legislative and executive in appointment processes: The committee
wanted to ensure that the council had an appropriate role in the processes of appointing board
and committee members and department heads.The committee made adjustments to clarify this
role. (Section 3-2).
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• Expanding the voices in government: The committee created a Community Engagement Officer
position whose responsibility will be to seek new ways to get and keep residents engaged with
the government. Additionally, the committee created a new residents' advisory committee to
help the manager with recruitment, evaluation, and selection of candidates. (Section 3-7)
• Improving the manager evaluation process: The committee recognized that more transparency
and consistency was needed in the manager evaluation process, but also that those were not
suited to the charter.The committee therefore provided the council the responsibility to develop
a manager evaluation process via ordinance.
• Making improvements to the next charter review: The committee recognized the challenges in
Watertown's charter review process and therefore reduced the size of the committee from 15 to
9, reduced council participation from the full council to "up to 3" council members, and added
council confirmation of the council president's committee appointments. The committee also
added requirements to provide funding and materials to support the committee's work. Finally,
the committee felt that, given the challenges of the current charter review due to the pandemic
and the fact that the town would have its first new manager in three decades, it was important
to bring forward the next charter review a few years from 2030 to 2026 (while still leaving the
overall cycle at 10 years). (Section 8-1)
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5. Non-Charter Ideas Worthv of Implementation or Continued Discussion, and Topics Not
Covered by the Committee but Worthv of Review(full list in appendix)
Throughout the committee's detailed discussions, committee members and residents generated
numerous ideas that the committee felt would improve the town government in some way but (for a
variety of reasons) were not appropriate for including the charter at the time. The reasons for not
addressing these ideas in the charter include the following: the council can implement them by ordinance,
the manager can implement them by executive action, the ideas are already underway in some fashion,
and the ideas are good in theory but require significant more study.
Additionally,there were items that the committee probably would have spent more time on, if that time
had been available.As noted,this was a very unusual(hopefully unique)charter review process. Like many
Massachusetts municipalities with charter reviews scheduled for 2020, Watertown's review was delayed
in starting and arguably slowed by the requirements of remote participation.Additionally,the committee
devoted significant time to discussing whether to make a complete change in form of government,
something not common for charter review committees.As a result,the committee was not able to spend
the level of time it might have done otherwise on some topics.
For a list of all non-charter ideas the committee considers worth of implementation or continued
discussion, as well as those not covered by the committee but worthy of review, please see Appendix B.
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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
1
Preamble
We, the people of Watertown—mindful of generations who came before us and those vet to come as we
seek a more perfect union—are committed to Dreservin2 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 DeoDle, we herebv establish the following Ethic of Civic and Environmental Stewardship,
suDDorted by a 2rouD of Guiding Principles for this Home Rule Charter for our citv.
These 2uidiniz orinciDles find multiple exDression in Watertown's Dolicv priorities, Dractices, and
partnershins, in furtherance of the Charter's Durpose: to Drovide the residents of Watertown with a
government that represents all who live, work, Way, and create here, and affirms our right to live and grow in
freedom, dignity, and tranquilitv. Thev also foster wise management of resources that guarantee the
opportunity for all residents to reach their full potential while caring for one another and Dromotin2 the
health, safetv, and welfare of our communitv.
ETHIC OF CIVIC AND ENVIRONMENTAL STEWARDSHIP:
GUIDING PRINCIPLES
*SAFETY& TRANQUILITY *HEALTH& WELL-BEING
*LEARNING&EXCELLENCE * CREATIVITY&INNOVATION
*EQUITY&DIVERSITY *ACCOUNTABILITYAND TRANSPARENCY
We believe that this stewardship ethic and related 2uidin2 DrinciDles uphold Dublic trust in the competent and
faithful execution of Rovernment duties, including lovaltv and care. Taken together, thev vield vibrant and
welcoming neighborhoods, high-quality and inclusive schools, transparent and accountable municipal
operations—includin,2 Derformance excellence, responsiveness, and collaboration- and thriviniz local
businesses. Recomizin2 the impact of our decisions on future generations, and committing to Dractices that
foster a sustainable environment in service to the common good, we, the people of Watertown herebv 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.
2
Article 1
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 "T-& rCity 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 administr-ation of the f4seal,pfudential and m-unieipal affairs of Watet4ewa, with the emrnocnt thereof-,
shall be t es d in an ago Nut. 1i keaded by a tew&iina , c Nnitili to , ist f
ah shall n. e adrnini�tr
b a'� Fhall n„
The fiscal, prudential and municipal affairs of Watertown, with the Rovernment thereof, shall be vested in a
legislative branch to consist of a citv council and an administrative branch headed by a citv manager. The
legislative branch shall never exercise any administrative power and the administrative branch shall never
exercise anv legislative power.
SECTION 1-4 POWERS OF THE TOMINCITY.
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.
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(b) City- The word "citv" shall mean the citv of Watertown.
(c) City Bulletin Board - The words "citv bulletin board" shall mean the bulletin board in the administration
building on which the citv clerk posts official notices of meetings and upon which other official city
notices are posted, and the bulletin boards at anv other locations as may be designated citv bulletin
boards by the citv council. Anv information required to be posted on the citv bulletin board shall also be
posted on the citv website.
(d) City Aaencv- The words "citv a2encv" shall mean anv multiple-member body, anv department,
division, or office of the citv of Watertown.
(e) City Officer- The words "citv officer" when used without further qualification or description, shall
mean a person havinLy charize of an office or department of the citv who in the exercise of his or her
powers or duties exercises some portion of the sovereign Dower of the citv.
(f) City Website - The words "city website" shall mean the official website maintained by the Citv of
Watertown.
(z) Department Head—The words "department head" shall mean a Derson having responsibility and
oversight for the operation and management of a citv department.
_(bh)Emergency - The word "emergency" shall mean a sudden, unexpected, unforeseen happening,
occurrence or condition which necessitates immediate action or response.
(Ei) Full Council, Full Multiple-Member Body - The words "full council" or "full multiple-member_body"
shall mean the entire authorized complement of theme city council, school committee or other
multiple-member body notwithstanding any vacancy which might exist.
(di) 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
(ke-) 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.
(lf) Initiative Measure - The words "initiative measure" shall mean a measure proposed by the voters
through the initiative process provided under this charter.
(mg) Local Newspaper—The words "local newspaper" shall mean a newspaper or electronic or other
media of General circulation within Watertown, with either a weeklv or dailv circulation. Anv information
required to be published in a local newspaper shall also be Dosted in the citv website.
Leeal,.ro.,,spapo Tho•i°ergs "mac ne a" 3ha11 mean a newspaper f general „lat on within
Wa vEZ�, with oithe.a weekly r ,gaily eir-ettlation. Any infef,..-, d t be publichr
loeal newspaper ahall aloo be posted on the tom website.
4
(p4) 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 theme ci council or the school committee.
(pj) 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 they city council,the school committee, and the trustees
of the public library.
(1£-q) Referendum Measure - The words "referendum measure" shall mean a measure adopted by the to
ci council or by the school committee which is protested by the referendum procedures provided under
this ehaptercharter.
fl) TCwS The-wvrcrt6'�ninrnicccir-cnecmwrrvr-vv-ccccrwwrr
(ram) To un BulletinaBoaf i The.or- own l/allatin bard" shall mean the b.,,llefi board i the
administration building kiln, o which the town clerk posts offieial notices of„ffleeting-3 and up3B whieh other-
official t.,.,,,, notiees ., posted, and the bulletin boards at a other-loe tion3 as may,b,v .ao4gn to.l
town bulletin boards by the town eouneil. Any information required to be posted on the town bulletin
beard Shall a13abe posted on the town website.
(n) T I-- A geTrVT_ney The words "town ag�~�y" D':all rxr�.:ssultiple member-body, asy ao�t,
diyic�o,.,z) o f flee f the t,....,, f W ter-t,...,,,
(o) Tc un Leo,. The words "town max" wham-i used on, Mlmll
priw
an a p. :.lpartrent .f the town who ;,, the exer-eise f hisor-b.o,
(p) Town Website The wofds 4ovffi website" shall mean the offieial website maintained by the Town of
Wa4erte
(rq) 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.
(sr) Voters - The word "voters" shall mean registered voters of theme}_qfty of Watertown.
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Article 2
LEGISLATIVE BRANCH
SECTION 2-1 COMPOSITION, TERM OF OFFICE.
(a) Composition- There shall be a4ewn city council of nine members which shall exercise the legislative
powers of the town city. Four of these members, to be known as eetineille councilors-at-large, shall be
nominated and elected by and from the voters at large. Four of these members, to be known as district
eetmeillefcouncilors, shall be nominated and elected by and from the voters of each district, one such
district eouix-.Morcouncilor to be elected from each of the four council districts into which theme city
is divided, in accordance with section 7-6. The ninth member of the3 city council shall be a council
president, elected as provided in section 2-2.
(b) Term of Office - The terms ofteN"city eourx�lLrcouncilors 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 eetmeillercouncilor-at-large. A district
eetmeillefcouncilor shall at the time of election be a voter of the district from which the
eetmeillefcouncilor is elected,provided, however if any such district eetmeillercouncilor shall during
the term for which the eotmeillercouncilor was elected remove to another district in theme}ci , or be
so removed by a revision of district lines, such eetmeillercouncilor may continue to serve for the
balance of the term for which the eatmeillercouncilor 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 theme 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 theme city council. The council president shall
have no power of veto but shall have the same powers as any other member of the4own-61y council to
vote upon all measures coming before it. The council president shall be responsible for coordinating the
development of council Lyoals and policies, and for facilitatiniz 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 tows}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."
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(c) Council Vice President- As soon as practicable after the eouneille councilors elect have been qualified
following each biennial election, theme 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.
SECTION 2-3 COMPENSATION, EXPENSES.
(a) Salary- Theme ci 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 lie councilors are
elected, and it provides that such salary is to take effect with the organization of theme 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.
Except as otherwise provided by general law or by this charter, all powers of the4own city shall be vested
in theme}city council which shall provide for their exercise and for the performance of all duties and
obligations imposed upon theme}ci by law. The4own-61y may enter into contracts for the exercise of
its corporate powers on such terms and conditions as are authorized by the4own-61y council by
ordinance.
(b) The bowers exercised by the city council include the establishment of policies to guide the administrative
branch in its exercise of administrative Dower. Such policies shall be reflected in the citv council's votes,
resolutions, ordinances, aDDroDriation 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 tewn-cI�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 - Thee city council shall from time to time adopt rules regulating it procedures,
which shall be in addition to the following:
(i) Regular meetings of theme city council shall be held at a time and place fixed by ordinance.
(ii) Special meetings of they 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 the4own-61y 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 tow3 ci council and of every committee or sub committee thereof, shall at all times
7
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 theme 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.
(v) All public comments and questions made during the public forum section of meetings, and resulting
answers, shall be included on the citv website. Replies provided after the meeting shall be added when
the reply is made. All councilor requests for information from the citv manager or other citv officers and
replies made during the meeting shall be included on the citv website. Replies provided after the
meeting shall be added when the reply is made. If anv information requested is prohibited from
disclosure by the state public records law, the citv's reply shall so state.
SECTION 2-6 ACCESS TO INFORMATION.
(a) In General - Theme city council may make investigations into the affairs of theme city and into the
conduct and performance of any4ewn city agency and for this purpose may subpoena witnesses,
administer oaths and require the production of evidence.
(b) Tew Qjy Officers, Members of Town Agencies, Employees - Thee_61y council may require any-
town city officer, member of a4own city agency orb city employee to appear before it to give such
information as the4owH 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) Town Cily Manager- Theme city council may require the y city manager to appear before it at
any time to provide specific information on the conduct of any aspect of the business of theme city
which is within his or her control by or under this charter or by or under any statute or law.
Theta ci manager may on any such occasion bring any assistant, department head or other}
dly 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 the4ew*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 theme}ci council seeks information, and no person called
to appear before theme ci 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) Town Cjjy Auditor- Theme city council,by the affirmative vote of at least five members, shall
appoint a Townr A Aauditor for an indefinite term of office.
The Town City At auditor shall be appointed solely on the basis of his or her professional
qualifications and experience.
8
Theme city auditor shall keep and have charge of the accounts of theme city and shall from time to
time audit the books and accounts of ally city agencies. The4own-61y 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 the4own-6ty council.
(b) Clerk of the Council - Theme ci council shall appoint, and may remove at its discretion a person
nominated by the council president,who may be theme city clerk, to serve as clerk for a term of three
years 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 theme 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 freauencv 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 emplovees and
consultants of the city council in the performance of their oversight functions.
(sd) 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.
(de) Supervision- The council president shall be responsible for day-to-day supervision of theme 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 theme city council any personnel matter involving the-
to
city auditor or clerk of the council for appropriate action, and provided further that the affirmative
a-vote at least five members of the4ewn-61y council would shall be required d-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 theme 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-
9
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, theme}city council may pass any other measure through all of its stages at any one
meeting,provided that no member of theme city council shall object; but, if any single member
objects, a vote on the measure shall be postponed to the next meeting of theme-qiiy council.
On the first occasion that the question of adopting any measure is put to they 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 theme ci 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 theme 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 they city clerk in
booklet or pamphlet form and posted on theme city website, and if so published and available at least
ten days before its final passage shall be deemed sufficient notice. Whenever theme 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 citv
website and place on file in the citv clerk's office all citv council votes, resolutions, ordinances,
appropriation orders, and loan authorizations.
SECTION 2-9 FILLING OF VACANCIES.
if., vacaney shall ^^au in the o ffi e f eouneil president, eettneifloF at largo r distFiet eetmeiller-
dufing
Shall be filled
by special election fefthwith and no ear-lier than 64 days from the date election is ealled; pf!ovi
however, by vote of not less than 6 eouneillor-s, the town eotffieil may instead Vote to fill the Vaeafley
€row amxg the voters byappointme*t—.
(b) ifvaea-mey shall cu ini the offiee of ooanU president, eeii ;,o; at large distr-iet, eill r-,a,,,-inn
the seeend twelve,., rths of the tef for-whieh , eil rs o ejeeto,a, „ointrnont by— ���
10
than 6 eettneiller-s fiem ameng the voter-s; pf:ovided, however-thm if approved by a vote of not less than
alkxu, a 3peeial eleetion to fill the vaeaney may instead be held fort4with on a date at least 64
daYS 4,,ffl the date the eleetiO ; ,.,,ilea
(a)Vacancies in the First 12 months of the Council Term- If a vacancv 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 vacancv 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 citv council may, by
vote of not less than 6 councilors, instead appoint an eligible voter to fill the vacancv 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 vacancv 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 vacancv at least 60 days but not more than 120 days after the date the election
is called, or the council mav, by vote of not less than 6 councilors, appoint an eligible voter to fill the
vacancv 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.
(c) If an acting i_city eatmeille councilor appointed under paragraphs (a) or(b) is not elected to the
office at the next cI 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 then 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 anv 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 citv manager, shall prepare and
deliver a vearly message to the residents describinia the state of the citv. The messaize will address
the financial state of the citv, strengths of the citv, and areas that need attention, as well as
potential opportunities for the betterment of the citv.-
(b) Annual Open Public Forum: The council president shall convene at least 1 meeting of the general
public each vear for the pumose of obtaining public input to the policies of the citv. The meeting
agenda and format shall be determined by the citv council but shall be designed to facilitate 2-wav
communication between the citv government and residents. Members of the public mav submit
II
potential items for the agenda of the meeting in accordance with rules adopted by the city council.
The public shall be liven 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-wav 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
TO CITY MANAGER
SECTION 3-1 APPOINTMENT, TERM OF OFFICE; QUALIFICATIONS.
(a) Appointment, Term of Office - Theme city council, by the affirmative vote of at least five members,
shall appoint a n city manager to serve for-an indefinite tefm of,.�r; o
(b) Qualifications - The4ewn city manager shall be appointed solely on the basis of his or her executive and
administrative qualifications. The4ewn-djy 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 4-owin.nnmger-need not bo a m , fier-of the
Cemmewvv,oalth, 1-/at the-town naanago Shall establish o ;do o in W teAe within twelve nths
"owing hig or hc&a .
Thee 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 ash city manager engage in any other
business, occupation or profession unless such action is approved, in advance,by theme}ci council.
Thee city council may, by ordinance, establish other qualifications for the office of3 city
manager.
SECTION 3-2 POWERS AND DUTIES.
Theme city manager shall be the chief administrative officer of theme city and shall be responsible to
theme}ci council for the proper administration of all cityaffairs placed under his or her charge by
or under the charter. The citv manager 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 the4ow-n-61y manager shall include,but are not intended
to be limited to, the following:
1) Supervise, direct and be responsible for the efficient administration of all4own-Oiy 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 others city agencies, including those elected by the voters of Watertown and those
appointed by other elected officials.
3) Appoint, and may remove, subjeet to the civil sefvice law and any collective barg
agreements as may b all depa44 ea heads, •,1�-c ll offcer- , " by
-ca-ad employees fvr
wiivm�vcxrcr-rixc "crc6tlo the czrc'lft ,, ,
T:Slnti"t mt4vc-cvae,--vr
otherwise. Appointments made by r.nagcr oh�ll be s4bjeet to confirmation of the town
eeuxcil, as provided by or-di ree
3A)Appoint, and may remove, subiect to the civil service law and anv collective barizainin2 agreements as
may be applicable, all department heads,a1 town officers, s„ er-dinates and emplovees for-Whom He other
of town
13
agencies under the direction and supervision of the town manager. ^,.,.ointments made b,. the *,,-tvn:mmeer-
shal be subiect to ,. nf:..matior of the t,...,,, e „al. co pcp,;ae b-,or-d n nee. Prior to posting and
be,ainnin2 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.
313) 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 subiect to confirmation of the town council, as provided by ordinance.
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, theme}city charter,4ewn_cfty ordinances, and
other votes of theme}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 the4ew-a_61y is
kept and shall render a complete written report to the4own-61y council at the end of each fiscal year and
at such times as the3 city council may reasonably require.
7A) Execute contracts, subject to such priori city council approval as may be prescribed by ordinance.
8) Have full jurisdiction over the rental and use of all ci facilities, except school and library
buildings and grounds. The Town Manager shall be responsible for the maintenance and repair of all-
to w it 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 the4ow-n-Oty, both real and personal,
is kept.
11) Make such recommendations, from time to time, to theme 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-
to
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 theme_61y 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
14
the actions taken. Should the public emergency continue more than 24 hours, theme_6jy council may
meet to review, ratify, or terminate said public emergency.
13B) Execute all deeds conveying4own-gi1y real property, but that any such conveyance shall have been
previously authorized by the vote of the4-& 3-Ojy 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
ci 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.
(14) Be responsible for citv izovernment communications, includiniz, but not limited to, develMinLy a timelv
and comprehensive communication strateiay. coordinatinLy the announcements and messages from
department heads, communicating regularly,via all available media avenues, with residents, ensuring
that all aspects of the citv's website are kept up-to-date, and soliciting recommendations for treater
communication from residents.
(15) In order to provide transparencv, accountabilitv, 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 citv as a whole and citv
departments, commissions and committees: and anv other subiect matter that, in the discretion of the
manager, focuses on improving the efficiencv and effectiveness of citv services.
4-4 16) Perform such other functions as may from time to time be assigned to the office of n city manager
by ordinance or other vote of the4ew*-6jy council, or otherwise.
SECTION 3-3 COMPENSATION.
The tow3 city manager shall receive such compensation as may from time to time be established for the
office off city manager,by ordinance.
SECTION 3-4 REMOVAL.
Before them 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 the4ewa-6jy council prior to the final vote on the question of removal,but pending and
during such hearing they city council may suspend the manager from office The action of the4owu ci
council in suspending or removing the4ewn-giy 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 theme}ci
council. Thee-city Thee-gjty manager shall continue to receive the manager's salary until the effective date of a
final vote of removal. Theme}-city The4own-city council may,by ordinance, establish a procedure governing the removal
from office of a3 ci manager in such detail as it may deem necessary or desirable.
15
SECTION 3-5 ACTING TOWN CITY MANAGER.
(a) Temporary Absence - Thee ci manager shall,by letter filed with thenci council and a copy
filed with theme city clerk, designate a qualified4own ci 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 town_61y manager, the y 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 qualified4ow-n-61y officer or employee to serve as acting ci
manager until theme city manager shall return and resume the manager's duties.
(b) Vacancy- Any vacancy in the office of4,E)N"_qjty manager shall be filled as soon as possible by the-
to
city council but pending such appointment theme city council shall designate a qualified4own-
61y officer or administrative employee to exercise the powers and perform the duties of theme ci
manager on an acting basis. The appointment of an acting4ew-a-61y 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.
(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 ci manager under(a) above shall have
authority to make any permanent appointment to, or removal from, any office or position under the to
6iy.
SECTION 3-6 EVALUATION OF TOWN CITY MANAGER.
The citv council shall conduct an annual review of the citv manager's iob performance in a manner provided
by ordinance. This review shall include specific metrics for ,2oals related to the powers and duties
outlined in Section 3-2. The council shall provide opportunities for public participation in the review process.
(a) The-f:-ilxill bo an annual r.view oft4e tewii rxina .
SECTION 3-7 RESIDENTS' ADVISORY COMMITTEE
The citv 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 multiDle-
member bodies, the citv manager shall seek to appoint individuals with relevant expertise or experience. The
citv manager shall work with the Residents' Advisory Committee to establish policies and practices to
actively encourage a diverse Dool of applicants for multiple-member bodies. The citv manager and Residents'
Advisory Committee shall recognize the importance of diversitv in appointments, including, but not limited
to, tender identity, sexual orientation, race, and ethnicitv.
16
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, theme 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 the4own-gi1y 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
17
held forthwith and no earlier than 64 days from the date the election is called; provided, however, that-
to
city council,by vote of not less than 6 eouneillorcouncilors, 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 sixes city councilors within 14 days of the date theme 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 the4ewn ci
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 next4owncity 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
biennials_61y 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 theme city devoted to library purposes. All
funds raised or appropriated by the4ewndty for the support and maintenance of the library shall be
expended under the direction of the said board. All funds or property which the4ew*_cjty 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 theme 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.
18
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 the4ewn-61y 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
tow*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 theme}ci council, by a vote
of not less than 6 eauneillo 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 six4&A%-dty councilors within 14 days of the date
theme}-city the4ewn-6ty 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-
to 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 theme ci 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.
19
Article 5
FINANCIAL PROCEDURES
SECTION 5-1 BUDGET HEARING AND GOAL SETTING.
The president of then ci council shall call a meeting of then ci 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 town}ci 's state legislative delegation and representatives of the school
committee and library board of trustees to attend this meeting. Subsequent to this meeting, the4own ci
council shall meet to set policy goals with input from the4e v rm city manager and the community. Based on
these goals, theme city manager will develop budgetary goals and the4own-61y budget.
SECTION 5-2 SUBMISSION OF BUDGET,MESSAGE.
The4ow 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 theme 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. Couneille Councilors may also propose
budget initiatives for review and prioritization. Any such proposal must include a summary,justification and
estimate of costs. The4own-61y manager shall provide an estimate of projected revenues.
By the first regularly scheduled -city scheduled4ew*-cjty council meeting in April, or a later date if approved by a vote of
the4ewn-61y council, theme city manager shall submit to the4own-61y council a proposed operating
budget for the ensuing fiscal year, which shall provide a complete financial plan of all4own-61y funds and
activities for the ensuing fiscal year, an accompanying budget message, and supporting documents.
The message of theme city manager shall explain the proposed budget for all4own-61y 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 theme 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 the4ewn city's debt position, and
include such other material as the-tewn city manager deems desirable or theme ci council may
reasonably require.
SECTION 5-3 ACTION ON THE BUDGET.
(a) Public Hearing - Thee 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 theme 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 theme city council, or a
standing committee of theme city council, will hold a public hearing on the proposed budget as
submitted by theme ci manager.
(b) Adoption- Theme}-city The4own-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 theme city council may delete or decrease any programs or
amounts, except expenditures required by law, or for debt service. If the towy city council fails to take
20
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 theme city council, become a part of the appropriations for the ensuing
fiscal year and shall be available for the purposes specified.
The3 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 theme city manager's proposed budget.
SECTION 5-4 INDEPENDENT AUDIT.
The Town ci cGouncil 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 sewn city manager shall prepare and submit to the4ew*ci 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.
21
Article 6
ADMINISTRATIVE ORGANIZATION
SECTION 6-1 REORGANIZATION PLANS BY ORDINANCE.
Except as otherwise prohibited by general law or by the charter, the4-ey_Ojy council may, by ordinance,
reorganize, consolidate, or abolish any existing4ovvn city agency in whole or in part, establish new n city
agencies, and prescribe the functions of any city agency. A11H ci agencies under the direction and
supervision of theme city manager shall be headed and administered by officers appointed by the manager.
SECTION 6-2 REORGANIZATION PLANS BY ADMINISTRATIVE CODE.
(a) Submission - Thee city manager may from time to time prepare and submit to theme city council
reorganization plans which may,unless prohibited by general law or the charter, reorganize, consolidate,
or abolish any existing4ew-a-61y agency in whole or in part, establish newer city agencies, and
prescribe the functions of any4own-61y agency. Each such reorganization plan shall be accompanied by
an explanatory message when submitted to they city council.
(b) Council Action- Every such reorganization plan shall, upon receipt by the4ow-a-61y council,be referred
to an appropriate standing committee of the4-ey_Ojy 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 fu113 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-
to
city council,unless a later date is specified in the reorganization plan, or unless theme}city
council has within said period voted to disapprove of it. A reorganization plan submitted by the to
ci manager under this section may not be amended by theme 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-
to city clerk and copies of all such plans shall be published as an appendix to any publication of the
ordinances of theme ci
22
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 - Theme city manager, subject to approval by theme 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 they 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 the4ew-n-d1y, 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 the4ewn_d1y committee has not
submitted such a list to the towy city manager within forty five days after a notification to the said chair
by certified mail, the4own-d1y 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 theme 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 the3 city manager ands city council may from time to time determine.
SECTION 7-2 TOMIN CITY ELECTIONS: GENERAL; PRELIMINARY.
The regular general tow-n-d1y 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 general4ew*_qLty election there shall be a preliminary
election for the purpose of nominating candidates.
23
SECTION 7-3 NON-PARTISAN ELECTIONS.
All elections forte 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,Flo 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 e 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 generals 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 theme 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 theme 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
24
defined limits. Each such district shall be composed of voting precincts otherwise established in accordance
with general laws. Theme}ci 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, a11y_djy 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-town 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 87-11(c). The hearing shall be held by then city council or the school
committee, or-, irr either-ease,�,�co tt��oommitte��and the action by theme 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 theme_djy 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 recent4own 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 recent4o-wn 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 rCity 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 they city attorney. Within fifteen days following the date a copy of the petition is
delivered to the4own-61y attorney, the4owncity attorney shall, in writing, advise the4own city council
25
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-
to
city council or by the school committee. If the opinion of theme city attorney is that the measure
is not in proper form, then ci attorney shall state the reasons in full in the reply. A copy of the
opinion of theme 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 the4own-61y attorney, and after publication in
accordance with the provisions of section 2-8(c),the4own_61y 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 the4-e3_Oty 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 recent4ow-m-
61y election. If the number of signatures to such supplemental petition is found to be sufficient by the
board of election commissioners, theme ci 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 others city election is to be held within one-hundred-
twenty days following the date of the said certificate, theme}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
theme}_Oty attorney, in consultation with the "ci clerk.)
YES
NO
(g) Time of Taking Effect - If a majority of the votes cast on the question is in the affirmative, the measure
26
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 theme}ci , as of the date of the most recent ci election,participate at such
election.
SECTION 7-10 CITIZEN REFERENDUM PROCEDURES.
(a) Petition, Effect on Final Vote - If, within twenty days following the date on which theme}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 the4ew-a-6ty 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-
to�vr�city council shall forthwith reconsider its vote on such measure or part thereof, and, if such
measure is not rescinded they 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 regulars 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 theme city attorney in consultation with they ci 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 theme city council or of the school committee, (2) an
emergency measure adopted in conformity with the charter, (3)theme city budget or the school committee
budget as a whole, (4) revenue loan orders, (5) any appropriation for the payment of theme ciff 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.
Theme 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.
61y 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.
27
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.
28
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 citv council shall provide, in every vear 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
maioritv 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 citv.T'' roounc�l ohall 1`ranter
evef:y yeaf ending in a zero, for-a eemplete r-eview of the ehat4er-by the entire oc,,zA2✓1 and six ,,dditie
,voters te be appointed by the eattneil pfesid 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 the4awn-djy council. The citv council shall appropriate funds
adequate to cover professional assistance, public en2a2ement, and communitv education for the
committee's review. The citv 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.
town -jhall be plaeed on file in the offiee of the town
ler-k and posted n the t,,..,,, website and ohall bo available for review by aper-son who ,-equooto SUC4+-
infefmation at any reasonable time. No fule or t!egulation adopted by any town agenff
droll be,.,,me e ffeeti
uvAil five days following the dato it is oo f
Citv 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 agencv shall transmit to the city council and post on the city
website anv revisions to the proposed rule or regulation or, alternatively, a notice that it is not making anv
revisions. No rule or regulation shall become effective until at least five days following the date the city
aaencv transmits and posts anv revisions or a notice that it is not making anv revisions.
If an emergencv exists as determined by the city manager and communicated in writing to the city council, a
city agencv may adopt a rule or regulation without regard to the procedures or time periods in the preceding
29
para2ranh.
A cony of all rules and regulations adopted by city agencies shall be Dlaced on file in the office of the citv
clerk and Dosted on the citv website and shall be available for review by anv Derson who requests such
information at anv reasonable time.
SECTION 8-5 CODIFICATION OF ORDINANCES.
Theme city council shall provide, in each year ending in two, for a complete review and recodification of
all ordinances of theme 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 theme city attorney, or, if theme city council so directs,by special counsel appointed for
that purpose. A report, with recommendations, shall be submitted within the said year.
Theta ci 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 theme ci 's website.
SECTION 8-6 UNIFORM PROCEDURES APPLICABLE TO MULTIPLE MEMBER BODIES.
(a) Meetings -All multiple-member bodies of the4ewn6ty 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 theme ci 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 the4owncity clerk, in the Watertown Free Public Library and posted on the n-
ci '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 other4own-61y office or employment
for which a salary or other emolument is payable from they city treasury.No member of an elected
multiple-member body shall hold any compensated appointed4ovffl city office or employment until six
months following the date on which the person's elected service to theme city is terminated. This
provision shall not prevent a4ewn_gi1y officer or4ew*ci employee who has taken a leave of absence
from such office or employment from resuming the same office or employment following service as an
30
elected member of a multiple member board.
Provided, however, that an elected member of theme}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 then ci council shall,by vote, designate the vice
president or some other member of the3 city council not so ineligible to serve as school committee
member in the council president's place, and such eouncille 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.
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 the3 city council, or appointed to an office of the-
city shall receive a certificate of such election or appointment from the4ewn-djy 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 "ci office or in the employment of they ,ci , or, when by
reason of a retirement, or resignation, or the expiration of a fixed term, or otherwise, a vacancy can be
anticipated,they ci manager or other appointing authority shall forthwith cause public notice of such
vacancy or impending vacancy to be publicly posted on theme 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
31
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-
to 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.
(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.
32
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 ally}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 ci 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 the4ew*-61y,the following temporary
provisions shall be in effect.
(i) Theme city manager shall appoint the followings city officers who shall serve at his or her
33
pleasure: a4ewn_61y clerk, a city treasurer-collector, a personnel assistant, a superintendent of
public works and an administrative assistant and other department heads or deputy city managers
as may be authorized by theme ci council.
(ii) The3 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) Theme city manager shall appoint the following4own-61y 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 theme city manager to make appointments thereto.
(iv) The3 city manager shall appoint the following}ci officers, subject to the approval of the-
to
city council; and in accordance with the provisions of applicable laws,provided,however, if the-
to
city council shall fail to take any action on a proposed appointment by they ci manager
within thirty days following the date notice of such appointment is filed by the4ew-n-61y manager with
the4own-61y council, such appointment shall be deemed to have been confirmed: an 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 theme 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
tow*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 citv 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 citv manager shall appoint a communitv en2a2ement officer.
34
Non-Charter
# Short Description Source(s) Primary Category Method Notes
*If charter change approved to spell out process details by
1 Make town manager evaluation a 360-review Website(Kate Coyn) Accountability Ordinance* ordinance.
*If charter change approved to spell out process details by
2 Make more of town manager review in open sessions Website(Ilana Mainelli) Accountability Ordinance* ordinance.
Include resident survey or residents opportunities for input into town manager Website(Rita Colafella) *If charter change approved to spell out process details by
3 review CRC member proposal(Bays) Accountability Ordinance* ordinance.
*If charter change approved to spell out process details by
4 More frequent review of town manager in some fashion Website(Aaron Dushku) Accountability Ordinance* ordinance.
Provide significant details about the metrics by which the town manager shall be
evaluated(e.g.,evaluations of staff,communications and engagement,degree to *If charter change approved to spell out process details by
5 which ordinances followed) CRC member proposal(Palomba) Accountability Ordinance* ordinance.
*If charter change approved to spell out process details by
6 Make review criteria for town manager public on website CRC member proposals(Bays,Ciro) Accountability Ordinance* ordinance.
*Also signed by:Chuck Dickinson,Sue-Ellen Hershman-
Tcherepnin,David and Alice Kidder,Sarah Pardo,Krystyn
Email(Louise Enoch et al.*) Elek,Merle Kummer,Sheila Krishnan,Theodore M.
7 Police transparency and accountability measures Website(Krystyn Elek) Accountability Ordinance Hammett,Nancy Hammett,Will Twombly
Meeting discussion(Jacky
Town council requires that the town manager state annually that s/he has vanLeeuwen)
8 conducted performance reviews of department heads CRC member proposal(Ciro) Accountability Ordinance
Meeting discussion
CRC member proposals(Bays,
9 Clarify council confirmation authority and process over manager appointments Gannon,Hecht,Martin,Palomba) Balance of power Ordinance
Require town manager to consult with boards and committees about their needs
10 before posting openings and interviewing candidates CRC member proposal(Hecht) Balance of power Ordinance Would amend ordinance 46(2007)
Council vote
and/or
Meeeting Discussion(John Gannon, executive
11 Develop and implement 311 system Bill Oates,etc.) Communications action
Meeeting Discussion(multiple
indiivduals)
Website(Rita Colafella)
CRC member proposals(Gannon,
12 Create communication/engagement/participation officer position Martin) Communications Ordinance
*Also signed by:Tyler Benedict-Kemp,Susan Falkoff,Janet
Website(Eric Benedict-Kemp et Jameson,Roberta Miller,Tia Tilson,Deborah Peterson,
13 Create vision statement on communication and responsiveness al.*) Communications Ordinance Felicia Sullivan,Abby Yanow
Meeting discussion(Daniel
14 Allow for continued Zoom participation after return to in-person meetings D'Amico) Communications Ordinance* *May be contingent on state law changes.
15 Provide more information and public communications BEFORE council meetings CRC member proposal(Ciro) Communications Council rules
16 Provide more information and public communications AFTER council meetings CRC member proposal(Ciro) Communications Council rules
17 Require councilor meetings with constituents CRC member proposal(Ciro) Communications Council rules
18 Require annual report of state of town e-government efforts CRC member proposal(Ciro) Communications Ordinance
Website(Rita Colafella,Aaron
Dushku)
Email(Ilana Mainelli)
CRC meeting discussion
CRC member proposals(Ciro,
19 Address councilor salaries,benefits,COLAs,etc. Martin,Mello,Palomba) Council capacity Ordinance
Provide continuing education and professional development opportunities for
20 town councilors Meeting discussion(Janis Hudson) Council capacity Ordinance
Dive rsity/eq u ity/i ncl
21 Craft government equity statement Website(Tiffany York) usion Ordinance
Dive rsity/eq u ity/i ncl
22 Develop reparations plan Website(Tiffany York) usion Ordinance
Dive rsity/eq u ity/i ncl
23 Better data collection on town government diversity statistics Website(Jacky van Leeuwen) usion Ordinance
*Also signed by:Louise Enoch,Jacky van Leeuwen,Sue-Ellen
Hersh ma n-Tch repn in,Maura MacLean,Nancy Hammett,
Website(Sevin Croft et al.*) Dive rsity/equity/incl Sarah Zoen,Lisa Capoccia,Chuck Dickinson,Angela Robinson,
24 Create human rights commission Email(Nancy Hammett) usion Ordinance Susan Falkoff,Sara Keary
Website(Rita Colafella) Dive rsity/equity/incl
25 Create diversity office or diversity/equity/inclusion officer position CRC member proposals(Martin) usion Ordinance
Meeting discussion(Marcy Financial
26 Consider participatory budgeting process for set-aside piece of budget Murningham) management Ordinance
Town manager shall submit quarterly financial report(e.g.,revenues and Financial
27 expenditures) to the council CRC member proposal(Palomba) management Ordinance
28 Create green development officer position Website(Rita Colafella) Other* Ordinance *Sustainability
29 Create town education officer position Website(Rita Colafella) Other* Ordinance *Education
30 Sidewalk snow removal ordinance Website(Tina Goldsmith) Other* Ordinance *Operations
31 Allowed on-street overnight parking year-round(waived for Snow Emergencies) Website(Armen Dedekian) Other* Ordinance *Operations
Meeting discussion(Marcy
32 Create impartial analytics and research center wtihin the library Murningham) Other* Ordinance *Town-wide capacity
33 Restructure manager's office to add management capacity CRC member proposal(Martin) Other* Ordinance *Town-wide capacity
34 Require annual compilation of council votes,resolutions,appropriatoins,etc. CRC member proposal(Hecht) Transparency Ordinance
Establish regular procedures for the council to deliberate about and communicate
35 about policy CRC member proposal(Hecht) Transparency Council rules
36 Create onboarding trainings for new councilors CRC member proposal(Ciro) Council capacity Ordinance
Executive
37 Add organizational chart to Town website Meeting discussions(Ciro) Transparency action
Create an appendix to the charter that includes the language of all state laws
38 referenced in the Charter Councilor Anthony Palomba
The City Council should hold a public meeting following the budget guidelines
created by the Committee of the Budget and Fiscal Oversight,but before the
39 memeers of the City Council rank/prioritize these guidelines Councilor Anthony Palomba
The City Manager should submit the finalists for all department heads to the City
Council. City Councilors may choose to prepare comments regarding the finalists
40 tobe sent to the City Manager for his/her consideration. Councilor Anthony Palomba
The City Manager should submit the finalists for appointment to the Zoning Board
of Appeals,Planning Board,Traffic Commission,Conservation Commission,and
Board of Health to the City Council. City Councilors may choose to prepare
comments regarding the finalists to be sent to the City Manager for his/her
41 consideration Councilor Anthony Palomba
The members of the Zoning Board of Appeals,Planning Board,Traffic
Commission,Conservatin Commission,and Board of Health should be appointed
42 by the City Council Councilor Anthony Palomba
43 Include definitions fo the terms:ordinance,orders,resolutions Councilor Anthony Palomba