§ 3. Legislative branch.

3.1 Composition, Eligibility, Election and Term.

(a)

Composition. There shall be a city council consisting of nine members which shall exercise the legislative powers of the city. Six of these members, to be known as district councillors, shall be nominated and elected by and from the voters of six council districts, one district councillor to be elected from each such district. Three of the members to be known as councillors at large, shall be nominated and elected by and from the voters of the city at large.

(b)

Eligibility. Any voter shall be eligible to hold the office of councilor at large. A district councilor shall be a voter and a resident of the district from which he is elected, at the time of his election, provided, however, a district councillor who removes from the district from which he was elected shall be deemed to have vacated his position as district councilor and the vacancy shall be filled in the manner provided in section 3.9.

(c)

Election and Term. The term of office of all members of the city council shall be for two years beginning at seven o'clock in the evening on the first secular day in January of each even numbered year following their election and shall continue until their successors have been chosen and qualified.

3.2 Organization. Officers.

The city council shall meet a seven o'clock in the evening on the first secular day in January of each even numbered year. After a majority of the councillors elect have been sworn they shall be called to order by the city clerk, or in the absence of the city clerk by the member present senior in years of service, who shall preside. The city council shall then elect, from its membership, by separate roll call votes, a president and a vice-president. Five votes shall be necessary for election. No other business shall be in order until the city council has thus been organized.

The president of the city council shall preside at all meetings of the city council, regulate the proceedings and decide all questions of order. He shall have the same right to vote on every question which comes before the city council as any other member of the city council. He may have such additional powers, duties and responsibilities as may be provided to him by the charter, by ordinance, or by other vote of the city council. In the event of the absence or the disability of the president of the city council, the vice-president shall act as president.

3.3 Compensation.

The city council shall, by ordinance, establish an annual salary for its members. No ordinance increasing such salary shall be effective however, unless it shall have been adopted, by a two-thirds vote, during the first eighteen months of the term for which councillors are elected and the new salary schedule is not to be effective until the commencement of the term of office of the next city council to be elected.

3.4 Prohibitions.

(a)

Holding City Office or City Employment. No member of the city council shall during the term for which he was elected hold any other compensated or uncompensated city office or city employment.

(Amended: Ch. 23 of the Acts of 2016, effective: 1-25-16)

3.5 Exercise of Powers. Quorum. Rules of Procedure.

(a)

Exercise of Powers. The legislative powers of the city shall be exercised by the city council as determined by its own rules, unless other provision is made by law or by the charter.

(b)

Quorum. The presence of five members of the city council shall constitute a quorum for the transaction of business. The affirmative votes of six members shall be required to adopt any appropriation order. Any other motion or measure may be adopted by a majority of not less than five affirmative votes, except as otherwise provided by law or by the charter.

(c)

Rules of Procedure. The city council shall from time to time adopt rules governing its proceedings, except as otherwise provided by law or by the charter.

(i)

Regular meetings of the city council shall be held at a time and place fixed by ordinance.

(ii)

Special meetings of the city council may be held at the call of the mayor, as provided in section 4.8, on the call of the city council president, or, on the call of any three or more members, by written notice delivered in hand or to the place of residence or business of each member at least forty-eight hours in advance of the time set, and which includes notice of the subjects which are to be acted upon, and no other business shall be in order.

(iii)

All meetings of the city council and of every committee and subcommittee thereof shall be open to the public and to the media unless otherwise provided by law.

(iv)

Every matter which comes before the city council and of every committee and subcommittee thereof, shall, unless the vote is unanimous, be decided by a roll call vote, which shall be recorded as part of the public record.

(Amended: Ch. 24 of the Acts of 2016, effective: 1-25-16)

(v)

A full, accurate, up-to-date record of the proceedings of the city council and of all committees and subcommittees thereof, shall be kept which shall be made available in a place convenient to the public and a certified copy of all such records shall be kept available in the office of the city clerk.

(d)

Standing Committees. The city council shall provide for the establishment of standing committees to which all business shall be referred for study and recommendation before action is taken by the city council. The president of the city council shall appoint all members of standing committees. Such committees shall include but need not be limited to the following standing committee:

(i)

A committee on budget and finance to which shall be referred every measure which would involve an expenditure of city funds.

(ii)

A committee or [on] ordinances and intergovernmental relations to which shall be referred every measure which in the form of adoption as categorized an "ordinance" or the effect of which is of more than temporary significance; and furthermore every measure which involves another unit of government and the city.

(iii)

A committee on personnel and administration to which shall be referred all personnel measures within the purview of the city council, and all measures the effect of which would be to alter the administrative structure of the city government.

(iv)

A committee on housing to which shall be referred all housing and real property related matters.

(Editorially corrected during 1999 codification)

3.6 City Clerk; City Attorney; Board of Assessors; Council Staff.

(a)

Election. The city council shall elect a city clerk and a city attorney, who shall serve until their successors are qualified. The city council may remove any of said officials by a 2/3 majority vote of the full city council. All removals from said office shall be accompanied by a statement of the reason or reasons therefore and filed in the office of the city clerk.

(Amended: Ch. 22 of the Acts of 2016, effective: 1-25-16)

(b)

City Clerk. The city clerk shall have the care and custody of all city records, documents, vital statistics, bonds of city offices, contracts, plans and papers and shall have such powers and duties with respect to the regulation and supervision of elections and the issuance of licenses as are provided by law. The city clerk shall have such additional powers and duties as the city council may from time to time prescribe.

(c)

City Attorney. The city attorney shall draft all contracts, leases, deeds, bonds, conveyances, obligations, agreements and other legal instruments which may be required of him by ordinance, or by order of the mayor or of the city council. It shall be the duty of the city attorney to commence and prosecute all actions and suits for the city before any tribunal. He shall appear in defense and protect the interests of the city, or of any officer thereof in any suit of prosecution for any act or omission in the discharge of their official public duties. The city attorney shall be an able and experienced person learned in the law and an attorney and counselor at law in the courts of the Commonwealth.

(d)

Board of Assessors. Three persons shall be elected to serve as the board of assessors, and shall exercise the powers and duties subject to the liabilities under existing laws. All taxes shall be assessed and apportioned and abated in the manner prescribed by the laws of the Commonwealth. Notwithstanding the provision of Section 3.7 the mayor shall designate one member of the board as its chairman who shall serve as chairman at the will of the mayor.

(e)

Council Staff:

(i)

Clerk of the Council. The city clerk shall serve as clerk of the city council. The clerk of the council shall give notice of all meeting of the city council to its members and to the public, keep the journal of the proceedings and perform such other duties as may be assigned by the charter, by ordinance, or by the vote of the city council.

(ii)

Other Personnel. The city council may, by ordinance provide for other offices and employees to assist it in the performance of its duties.

3.7 Appointments to City Offices. Removal.

(a)

Appointments. The mayor shall submit to the city council, unless otherwise provided, the names of all persons he desires to appoint as a department head or director of any city agency. The city council shall refer all such candidates to the standing committee on personnel and administration which shall investigate all such candidates for confirmation and make a report with recommendations to the full city council not less than seven nor more than twenty-one days following such referral. A nomination of the mayor shall be confirmed by a majority vote of the council. The provision of Section 3.8(c) shall not apply. If the city council has taken no action, said appointments shall become effective on the thirtieth day following the date the name has been received by the city council.

(b)

Removal from Office. The mayor may remove any person appointed under Section 3.7 by filing a written statement with the city council, setting forth the reason or reasons therefor a copy of which shall be delivered to the person whose removal is sought who may make a written replay, which if (s)he desires may be filed with the city council and be a public record. The city council shall forthwith consider said removal. The removal of said person shall be sustained by a 2/3 majority vote of the council. The provision of Section 3.8(e) shall not apply.

3.8 Legislative Procedures.

(a)

In General. No measure shall be adopted by the city council on the date it is introduced, except in the case of a special emergency involving the peace, health, safety or convenience of the people or their property. Except as is otherwise provided by the charter, every measure approved by the city council shall be effective at the expiration of the thirtieth day following the date of council approval unless a later date is specified in such measure. No ordinance shall be amended or repealed except by another ordinance or by the provisions for citizen initiative and referendum as provided in article eight.

(b)

Emergency Measures. An emergency measure shall be introduced in the form and manner provided generally except that it shall be plainly designated an emergency measure. A preamble, which describes the emergency which exists in clear and specific terms shall first be separately voted upon and shall require six affirmative votes. Following such vote the city council may, by majority vote, pass the measure with or without amendment at the meeting at which it is introduced. Emergency measures shall stand repealed on the sixty-first day following the date of council approval, unless an earlier date of expiration is otherwise provided, or unless a second emergency measure, adopted in conformity with this section is adopted extending it, or unless a measure adopted in conformity with the procedures for measures generally is adopted extending it.

(c)

Charter Objection. On the first occasion that the question of adoption of any measure is put to the city council, except an emergency measure, in accordance with Section 3.7(b) if a single member objects to the taking of the vote, the vote shall be postponed until the next meeting of the city council, regular or special. If, when the matter is next put to the council for a vote, four or more members object to the taking of the vote, the matter shall be postponed for not less than an additional five days. This procedure shall not be used more than once for any measure notwithstanding any amendment to the original measure.

(d)

Publication and Public Hearing Required. Every proposed ordinance or loan order, except any submitted in accordance with Section 3.8(b), shall be published once in full in a local newspaper and in any additional manner required by law or by ordinance. Such publication shall also state the time, not less than seven nor more than fourteen days following such publication, and the place at which the city council, or a standing committee of the city council, will hold a public hearing on the proposed ordinance or loan order. Further, said publication shall be posted on the City Web Site reserved for the publication of such matters or in any other such manner of notice intended to notify the public.

(Amended: Ch. 25 of the Acts of 2016, effective: 1-25-16)

(e)

Publication of Adopted Measures. Repealed: Ch. 430 of the Acts of 2002 (effective January 3, 2003).

Editor's note— At the city's instruction, per a memorandum dated June 11, 2015, subsection (e) has been added to § 3.8 as herein set out for purposes of clarity and to preserve consecutive lettering of subsections.

(f)

Publication, Exception. If a measure required to be published in full by Section 3.8(d) exceeds in length 8 octavo pages of ordinary print, then, in lieu of such publication, the same may be made available for distribution to any person who may request the same at the office of the city clerk provided that notice of such publication and a summary of the contents thereof shall be published as otherwise provided in said section.

3.9 Filling of Vacancies.

(a)

Councillor at Large. If a vacancy in the office of councillor at large shall occur in the first eighteen months of the term for which councillors are elected, the vacancy shall be filled, for the balance of the unexpired term, by the candidate for the office of councillor at large at the most recent city election who received the highest number of votes without being elected and provided that such person is willing to serve and remains qualified to do so. If the said person is not willing to serve, or is no longer eligible to serve, the candidates in descending order of votes received shall be offered the vacancy until one, who is qualified, accepts the office, provided, however, that if any such candidate failed to receive a vote total equal to thirty percent or more, of the vote total received by the candidate who received the lowest number of votes and was declared elected to the office of councillor at large. The city council shall, within thirty days following the date the vacancy was declared to exist, elect a suitable person from among the voters of the city at large to fill the vacancy for the balance of the unexpired term.

(b)

District Councillor. If a vacancy in the office of district councillor shall occur in the first eighteen months of the term for which councillors are elected, the vacancy shall be filled in the same manner as provided for councillors at large, provided that the candidate who is willing to serve shall have received not less than thirty percent of the votes cast for the office of district councillor in the district in which the vacancy exists. If no such candidate is available the city council shall, within thirty days following the date the vacancy is declared to exist, elect a suitable person from among the voters residing in the district to serve for the balance of the unexpired term.

(c)

In General. No vacancy which occurs after the first eighteen months of the term for which councillors are elected shall be filled unless failure to fill such vacancies would result in less than seven persons serving as members of the city council, in that event all such vacancies shall be filled in the manner provided above.

Whenever a vacancy exits on the city council which is not filled at the time of the city election the person elected at such election to fill the seat in which the vacancy exists shall forthwith be sworn and shall, in addition to the term for which he was elected, serve for the balance of the then unexpired term. If such vacancy is in the office of councillor at large it shall be filled by the person receiving the highest number of votes for the office at the said election who is not then serving as a member of the city council.

3.10 General Powers.

Except as otherwise provided by law or by the charter, all powers of the city shall be vested in the city council which shall provide for their exercise and for the performance of all duties and obligations imposed on the city by law.