ARTICLE 2
Legislative Branch



Section 2-1. Composition; Eligibility; Election and Term.

(a) Composition – There shall be a City Council consisting of nine members which shall exercise the legislative powers of the City.
Six Councillors shall be nominated and elected from the voters by districts, two Councillors to be elected from each of the three districts of the City.
Three Councillors shall be nominated and elected at large.
Precincts 1, 2, 6 and 10, to be known as the Central District;
Precincts 3, 7, 9 and 12, to be known as the East District; and
Precincts 4, 5, 8 and 11, to be known as the West District.
(Increase in number of precincts from 9 to 12 approved by Legislature, June 10th, 1986, Chapter 88 of the Acts and Resolves of 1986).
The City Council shall be the judge of the election and qualification of its members.

(b) Eligibility – Only voters who at all times during their term of office shall be and remain residents of the City shall be eligible to hold the office of Councillor.
A member of the City Council shall, notwithstanding his removal from one district to another, continue to serve and to perform his official duties during his term of office.

(c) Election and Term – The term of office of all members of the City Council shall be for two years, beginning on the first secular day in January after their election and until their successors are qualified.
No person shall hold office of City Councillor for more than three consecutive terms.
(Consecutive term limits approved by the Legislature, September 24th, 1999, Chapter 82 of the Acts and Resolves of 1999 and adopted by the Voters November 2nd, 1999.
This Act eliminated lifetime term limits.)

Section 2-2. Organization.

After the Councillors elect have been sworn, the City Council shall be called together by the oldest member elected who shall preside.
The City Council shall then elect, from among its members, a Chairman and Vice Chairman to serve at the pleasure of the City Council.
The Chairman shall preside at all meetings of the City Council and perform such other functions as may be assigned by the Charter, by ordinance, or by vote of the City Council.
The Vice Chairman shall act as Chairman of the Council during the absence or disability of the Chairman.
Elimination of appointed Councillor on School Committee approved by voters November 3rd, 1981; see Resolution #758).

Section 2-3. Compensation; Expenses.

The City Council shall, by ordinance, establish an annual salary and expense allowance for its members.
No ordinance increasing such salary or expense allowance shall be effective, however, unless it shall have been adopted by a two-thirds vote of the full Council during the first eighteen months of the term for which Councillors are elected and the new salary and expense schedule is to be effective upon the commencement of the terms of office of the next City Council to be elected.

Section 2-4. General Powers and Duties.

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.

Section 2-5. Prohibitions.

No Councillor shall, while a member of the City Council, hold any other office or position the salary or compensation for which is payable out of the City treasury.
No former Councillor shall hold any compensated appointive City office or City employment until one year after the expiration of his service on the City Council.
This provision shall not prevent a City officer or employee who has taken a leave of absence from such duties in order to serve as a member of the City Council from returning to such office or employment following service as a member of the City Council.

Section 2-6. Filling of Vacancies.

If a vacancy occurs in the office of Councillor-at-Large or in the office of District Councillor, whether by failure to elect or otherwise, the remaining Councillors shall, within twenty-one days following the date such vacancy is declared to exist, act to fill the said vacancy.
The Council shall elect, as acting Councillor whichever of the defeated candidates for the seat in which the vacancy is declared to exist, that person who received the highest number of votes at the last regular City election immediately preceding the date the vacancy is declared to exist, and who received at least twenty (20) percent of the total votes cast for the office at such election, and who remains eligible and willing to serve.

There being no such person, the Council shall choose from among the voters entitled to vote for such Councillor, an acting Councillor to serve for the balance of the unexpired term.
If such choice is not made as hereinbefore provided within the said twenty-one days, the choice shall be made by the Councillor senior in length of service, or if there be more than one such, by the Councillor senior both in age and in terms of service.
Any person so chosen shall be sworn and commence to serve forthwith.
No vacancy shall be filled, in the manner hereinbefore provided, if a regular City election is to be held within one hundred twenty days following the date the vacancy is declared to exist.

Section 2-7. Exercise of Powers; Quorum; Rules of Procedure.

(a) Exercise of Powers - Except as otherwise prohibited by law or the Charter, the legislative powers of the City Council may be exercised in a manner determined by it.

(b) Quorum - A majority of the full City Council shall constitute a quorum.
The affirmative vote of a majority of the full City Council shall be necessary to adopt any appropriation order.
Except as otherwise provided by law or the Charter, any other motion or measure may be adopted by a majority vote of those present.

(c) Rules of Procedure - The City Council shall, from time to time, establish rules for its proceedings.
Regular meetings of the City Council shall be held at a time and place fixed by ordinance but which shall be not less frequent than once monthly.
Special meetings of the City Council may be held on the call of the Chairman of the City Council, or on the call of any three or more members, by written notice delivered to the place of residence or business of each member at least forty-eight hours in advance of the time set.
Except as otherwise authorized by General Laws, all sessions of the City Council shall be open to the public and press.
Every matter coming before the City Council for action shall be put to a vote, the result of which shall be duly recorded.
A full, accurate, and up-to-date record of the proceedings of the City Council shall be kept and shall be open to inspection by the public.

Section 2-8. Council Staff.

(a)City Accountant - The City Council shall, on or before January fifteenth in odd numbered years, elect, by ballot or otherwise, a City Accountant to hold office for a term of two years and until his/her successor is qualified.
(Odd numbered year appointment by amendment approved by the Legislature June 28th, 1996 as Chapter 145 of the Acts and Resolves of 1996. Amendment submitted by City Council Order #3738, approved February 5th, 1996.)
The City Accountant shall keep and have charge of the accounts of the City. He shall regularly audit the books and accounts of all City agencies, and he shall have such powers and perform such other duties as the City Council may prescribe in addition to such duties as may be prescribed by law.

(b) Clerk of the Council - The City Council shall, on or before January fifteenth in odd numbered years, elect, by ballot or otherwise, a Clerk of the Council to hold office for a term of two years or until his/her successor is qualified.
The Clerk of the Council shall give notice of all meetings of the City Council to its members and to the public, keep a record of its proceed- ings and perform such duties as may be assigned by the Charter, by ordinance, or by other vote of the City Council.
(Odd numbered year appointment by amendment approved by the Legislature June 28th, 1996 as Chapter 145 of the Acts and Resolves of 1996. Amendment submitted by City Council Order #3738, approved February 5th, 1996.)

(c) City Solicitor - The City Council shall, on or before January fifteenth in odd numbered years, elect, by ballot or otherwise, a City Solicitor to hold office for a term of two years and until his/her successor is qualified.
(Odd numbered year appointment by amendment approved by the Legislature June 28th, 1996 as Chapter 145 of the Acts and Resolves of 1996. Amendment submitted by City Council Order #3738, approved February 5th, 1996.)

The City Solicitor shall represent the municipality in all court matters, advise the City Council and municipal boards and officers upon all legal questions and perform such other duties as the City Council may prescribe in addition to such duties as may be prescribed by law.
(Appointment by the City Council approved by voters November 5th, 1985; see Resolution #1380 and Chapter 182 of the Acts and Resolves of 1985).

(d) Salaries - The City Council shall set the salaries of the City Accountant, Clerk of the Council, Mayor and City Solicitor.
(Approved by voters November 5th, 1985; see Resolution #1380 and Chapter 182 of the Acts and Resolves of 1985).

Section 2-9. Measures; Emergency Measures; Charter Objection.

(a) In General - No measure shall be passed finally on the date on which it is introduced, except in cases of special emergency involving the health or safety of the people or their property.
Except as otherwise provided by the Charter, every adopted measure shall become effective at the expiration of thirty days after adoption or at any later date specified therein.
Measures not subject to referendum shall become effective upon adoption.
No ordinance shall be amended or repealed except by another ordinance adopted in accordance with the Charter, or as provided in the initiative and referendum procedures.

(b) Emergency Measures - An emergency measure shall be introduced in the form and manner prescribed for measures generally except that it shall be plainly designated as an emergency measure and shall contain statements after the enacting clause declaring that an emergency exists and describing its scope and nature in clear and specific terms.
A preamble which declares and defines the emergency shall be separately voted on and shall require the affirmative vote of two-thirds of the City Council.

An emergency measure may be passed with or without amendment or rejected at the meeting at which it is introduced.
No measure making a grant, renewal or extension, whatever its kind or nature, of any franchise or special privilege shall be passed as an emergency measure, and except as provided in General Laws, Chapter 166, Sections 70 and 71 (relating to utility lines), no such grant, renewal or extension shall be made otherwise than by ordinance.
After its adoption, an emergency measure shall be published as prescribed for other adopted measures.
It shall become effective upon adoption or at such later time as it may specify.

Charter Objection – On the first occasion that the question on adoption of a measure is put to the City Council, if a single member objects to the taking of the vote, the vote shall be postponed until the next meeting of the City Council, whether regular or special.
If two or more other members shall join the member in objection, such postponement shall be until the next regular meeting;
but for an emergency measure, at least four members in all must object.
This procedure shall not be used more than once for any matter bearing a single docket number notwithstanding any amendment to the original matter.

Section 2-10. Delegation of Powers.

City Council may delegate to one or more City agencies, the powers vested in the City Council by the laws of the Commonwealth to grant and issue licenses and permits, and may regulate the granting and issuing of licenses and permits by any such City agency, and may, in its discretion, rescind any such delegation without prejudice to any prior action which has been taken.

Section 2-11. Inquiries and Investigations.

The City Council may require any City officer or member of a board or commission to appear before it, and give such information as it may require in relation to his office, its function, and performance.
The City Council shall give at least forty-eight hours written notice of the general scope of the inquiry which is to be made to any person it shall require to appear before it under this section.

The City Council may make investigations into the affairs of the City and into the conduct of any City agency, and for this purpose may subpoena witnesses, administer oaths and require the production of evidence.