A proposed new City Charter for Somerville will be on the November 2025 ballot. This web guide was prepared and paid for by the Yes on Somerville Charter Ballot Question Committee.
A charter is the basic document that defines the organization, powers, functions, and essential procedures of a city government. It is for a city what the Constitution of the United States is for the country.
Our current charter was written in 1899. Although it has been updated many times, much of it remains unchanged. The language is archaic. Much of the text is overridden by state law. An average citizen cannot understand how the Somerville City government operates by reading our current charter.
A charter review committee was established in 2021 to examine the current charter and recommend changes. Subject matter experts advised the committee. The committee recommended rewriting the charter using plain language and aligning Somerville’s charter with modern charter design principles. After 16 months, and with much input from the public, the committee presented a final draft to the City Council, which reviewed it and made amendments. The Mayor and City Council then collaborated to create a final draft, which became a home rule petition that was submitted to the State. The State Legislature approved the home rule petition, the governor signed it, and now the text of the charter will appear on November’s ballot. This was a long, complex process, and it is the first time in 126 years that a new charter will be presented to the voters for their consideration. For more information on the charter review committee, see the City web page.
The charter review committee was interested in including this, but at the time we were discussing it, we were observing uses of initiative and referendum around the country for divisive purposes. Here in MA, there was a municipality that had a recall referendum and ousted the Mayor. A special election was held soon after, and guess who got elected - the mayor who just got booted. What a waste of time and money, and probably very divisive for the municipality. We felt that initiative and referendum would not be helpful in these polarizing times. We also knew there would be mandatory charter review at least every ten years, so that when the pendulum swung back, people could try to bring about initiative and referendum. Note that Somerville doesn't currently have initiative and referendum, so Somerville Citizens will not be losing anything they had before.
The proposed charter does not remove any rights the Citizens of Somerville already have. Voting against the proposed charter will not get you what you want, as what you want is also not in the current charter. The new charter provides a path for future change, with a required review at least every ten years. And the proposed charter is a better foundation for amendment. All City Council and School Committee members, and the Mayor have endorsed the proposed charter, seeing it as an improvement for the City.
QUESTION 1 Shall the City adopt Chapter 31 of the Acts of 2025 an act passed by the general court in the year 2025 entitled: An Act establishing a charter for the City of Somerville? SUMMARY This question proposes acceptance of a special act passed by the state legislature at the request of the city. If accepted by a majority of the voters, the special legislation would repeal the current charter and would adopt Chapter 31 of the Acts of 2025, creating a new charter for the city. The charter is the city's governing document. The current charter was first approved by the Commonwealth as a special act and was accepted by Somerville voters in 1899. It has been amended by additional special acts over time. The proposed charter establishes the city's structure, organization and operations, including the city's executive and legislative branches. The proposed charter maintains the existing form of government, retaining the executive and legislative branches and the existing composition of the city council and school committee. City councilors, school committee members and the mayor would continue to serve two-year terms. The proposed charter establishes a timeframe by which the city council must vote to confirm certain appointments of the mayor. The proposed charter requires an annual independent outside audit and authorizes the city council to expand the scope of the audit to include a particular department, division, or program. The proposed charter specifies the annual operating budget must be submitted by May 30 of each year and requires public hearings and joint meetings of the city council and the school committee. The proposed charter also authorizes the city council to secure advisory legal counsel and to employ staff. The proposed charter also provides for the review of the charter, ordinances and boards and commissions at least once every 10 years and creates committees to study and prepare recommendations regarding public financing of campaigns and ranked choice voting implementation. YES ___ NO ___
Email us at: comments@yes-on-charter.info
The sources for the two versions of the charter are taken from:
The proposed charter is from Section 7 of Chapter 31 of the Acts of 2025. Section 8 contains some of the text that was proposed by the charter review committee, so Section 8 is included as well. The text of the current charter shown does not include the changes from Chapter 312 of the Acts of 2022. These changes made the text gender neutral.
Below is a cross-reference between the proposed charter and the current charter. This will function best with as big a window as possible. This probably won't work very well on a phone. Open different sections. Click on text in either charter, and you will see the corresponding text in the other charter. If there is no corresponding text, the other charter will close its text. Be sure to click on an actual character; if you click on white-space, the magic won't happen. If you have clicked on one of the links above, click on your browser's back button to return to where you were reading. Note that this xref is over 7000 lines of hand-edited html, css, and javascript. Any errors found in this work are the author's.
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We, the people of Somerville, with our diversity in culture and thought, in
order to reaffirm the liberties of the people with respect to the conduct of
our local government, adopt this charter to continue and enhance the city’s
strong traditions of the pursuit of justice; empowerment of residents; ethical,
transparent and responsive leadership; wise use of public resources;
representation for all; and an engaged populace. We expect that our government
will be approachable, accountable, equitable, inclusive, and respectful towards
all people, and it will strive to provide all residents an equal opportunity to
participate fully in the economic, cultural and intellectual life of the city.
The residents of the city of Somerville within the territorial limits
established by law, shall continue to be a municipal corporation, a body
corporate and politic, under the name “City of Somerville.”
This instrument shall be known and may be cited as the City of Somerville
Charter (“charter”).
The administration of the fiscal, prudential and municipal affairs of the city
shall be vested in an executive branch led by a mayor and a legislative branch
consisting of a city council. The legislative branch shall never exercise any
executive power and the executive branch shall never exercise any legislative
power.
Subject only to express limitations on the exercise of any power or function by
a municipal government in the constitution or General Laws, it is the intention
and the purpose of the voters of the city, through the adoption of this
charter, to secure for themselves and their government all of the powers it is
possible to secure as fully and as completely as though each power were
specifically and individually enumerated in this charter.
The powers of the city under this charter are to be construed liberally in
favor of the city and the specific mention of any particular power is not
intended to limit the general powers of the city as stated in section 1-4. If
any provision of this charter conflicts with any special act or law adopted by
the city to the contrary, the provisions of this charter shall prevail.
Subject only to express limitations in the constitution or General Laws, the
city may exercise any of its powers or perform any of its functions and may
participate in the financing thereof, jointly or in cooperation, by contract or
otherwise, with the commonwealth or any of its agencies or political
subdivisions, or with the United States government or any of its agencies.
Unless the context clearly requires otherwise, the following terms shall have the following meanings as used in this charter: (1) “Business day”, any day that is not a Saturday, Sunday or legal holiday. For the purposes of this definition, legal holiday shall mean Massachusetts legal holidays as published by the state secretary. (2) “Charter”, this charter and any adopted amendments to it. (3) “City”, the city of Somerville. (4) “City agency”, any multiple-member body, department, division or office of the city. (5) “City officer” or “department head”, a person having charge of a city office or department. (6) “City website&rdquo, an online site established and maintained by the city as its repository of municipal information. (7) “Emergency”, a sudden, generally unexpected occurrence or set of circumstances demanding immediate action or response. (8) “General Laws”, the Massachusetts General Laws. (9) “Majority vote”, a majority of the present and voting members of a body, unless otherwise provided for by law or by the body’s own rules; provided, however, that General Laws related to any vote to meet in executive session shall always require a majority of the full multiple-member body. (10) “Measure”, any ordinance, order, other vote or proceeding adopted or proposed to be adopted, by the city council or the school committee. (11) “Multiple-member body”, any council, commission, committee, subcommittee or other body consisting of 2 or more persons, whether elected, appointed or otherwise constituted, but not including the city council or its committees, the school committee or its subcommittees or an advisory committee or task force established by the mayor or city council. (12) “Quasi-judicial body”, any multiple-member body which resolves specific disputes, or makes determinations about the rights, obligations or privileges of identifiable parties. (13) “Regulatory body”, any multiple-member body responsible for establishing or enforcing rules or regulations.
(14) “Organization or reorganization plan”, a plan submitted by
the mayor to the city council which proposes: (15) “Post”, make available publicly on the city website, at city hall, in a local newspaper or as otherwise may be required by law. For the purposes of this definition, a local newspaper shall be a newspaper of general circulation within the city, with either weekly or daily circulation. The city council president may, from time to time, select a local newspaper for posting according to a procedure that shall be set forth in the rules of the city council. (16) “Quorum”, a majority of all voting members of a multiple-member body unless some other number is established by law or by ordinance. (17) “Voter”, anyone residing in the city of Somerville who is eligible to vote pursuant to state and federal law. (18) “Year”, a calendar year, unless otherwise specified. (a) Composition - There shall be a city council consisting of 11 members which shall exercise the legislative powers of the city. Four members of the city council shall be known as councilors at-large and shall be nominated and elected by the voters at large. Seven members of the city council shall be known as ward councilors and shall be nominated from and elected by the voters in each ward, with 1 ward councilor to be elected from each of the 7 wards into which the city is divided under section 7-6. (b) Term of Office - The term of office for councilors shall be 2 years each, beginning on the first business day in January following the municipal election. (c) Eligibility - Any voter shall be eligible to hold the office of councilor at-large. Any voter residing in the ward from which election is sought shall be eligible to hold the office of ward councilor. If the city council determines that a ward councilor or a councilor at-large has removed from the city during the councilor’s term, that office shall immediately be deemed vacant and filled in the manner provided in section 2-12. A ward councilor who removes from the ward in which the councilor was elected and who remains a voter may continue to serve the balance of the term to which such ward councilor was elected. (a) Holding Other City Position – Except as otherwise provided by this charter, a member of the city council shall hold no other compensated city position. A former member of the city council shall not hold any compensated appointed city position for 1 year after termination of such former member’s service on the city council, unless the city council approves a waiver of this provision by affirmative vote of 8 members of the city council. This section shall not prevent a city employee who vacated a position to serve as a member of the city council from returning to the same position upon the expiration of the term for which that person was elected. (b) Interference with Administration - The city council or any member of the city council shall not give orders or directions to any employee of the city appointed by the mayor, either publicly or privately. The members of the city council shall receive compensation for their services as set by ordinance. An ordinance increasing or reducing the compensation of the members of the city council shall not be effective unless: (i) it is adopted by affirmative vote of 8 members of the city council; (ii) it is adopted prior to the last 6 months of the city council’s term; and (iii) it provides that the compensation increase or reduction is to take effect upon the organization of the city government following the next regular municipal election.
Except as otherwise provided by the General Laws or by this charter, all powers
of the city shall be vested in the city council which shall provide for the
performance of all duties and obligations imposed upon the city by law.
(a) Exercise of Powers - Except as otherwise provided by General Laws or by this charter, the legislative powers of the city council may be exercised in a manner determined by the city council. (b) Quorum - Once a quorum is present, a majority vote shall be required to adopt any ordinance, except as otherwise provided by General Laws or by this charter. (c) Rules of Procedure - The city council shall adopt rules regulating the procedures of the city council, which shall be subject to adoption, amendment or repeal by vote of the city council. (d) Meetings - Regular meetings of the city council shall be held at a time and place fixed by ordinance. (e) Special meetings of the city council shall be held at the call of the president or at the call of not less than 6 members for any purpose. Except in an emergency as declared by the city council president, notice of the meeting shall be delivered to the city clerk not less than 3 business days in advance of the time set and shall specify the date, time, location and purpose for which the meeting is to be held. The city clerk shall post an agenda for such meeting not less than 2 business days in advance of the time set. (f) All sessions of the city council and every city council committee or subcommittee shall, at all times, be open to the public, unless otherwise specified by law. (g) A full, accurate, up-to-date account of the proceedings of the city council shall be maintained by the city clerk, which shall include a record of each vote taken and be made available with reasonable promptness following each meeting. Executive session minutes shall be made available as soon as publication of the minutes would not defeat the purpose of the executive session, unless otherwise provided by law. (a) Election and Term - As soon as practicable after the councilors-elect have been qualified following each regular municipal election, as provided in section 7-3, the city council shall elect from among its members a president and vice-president who shall serve for 1-year terms. The member of the council with the most years of service shall preside at the election. If 2 or more members have the same term of service, the councilor with the last name that is first in alphabetical order from among such councilors shall preside. The conduct of all elections of the city council president and vice-president shall otherwise be prescribed within the rules of the city council. (b) Powers and Duties - The president shall have the following powers and duties: (i) determine the agenda for city council meetings; (ii) preside at all meetings of the city council, regulate its proceedings and decide all questions of order; provided, however, that the vice-president shall preside in the absence of the president; (iii) appoint all members of committees of the city council, whether special or standing; (iv) have the same powers to vote upon measures coming before the city council as any other member of the city council; and (v) perform any other duties consistent with the office that are established by this charter, ordinance or other vote of the city council. (a) City Clerk - The city council shall appoint a city clerk to serve at the pleasure of the city council and until a qualified successor is chosen. The city clerk shall have the powers and duties as are provided to city clerks by the General Laws relating to the keeping of records and vital statistics, the issuance of licenses and such additional powers and duties as may be provided by law or by other vote of the city council. (b) Advisory Legal Counsel - The city attorney shall be the only authorized officer of the city in all legal matters involving the city’s government; provided, however, that, subject to appropriation, the city council may secure outside legal services, when needed, to seek secondary legal opinions. The city council shall make a reasonable request for such legal services to the mayor and that request shall not be unreasonably denied by the mayor. The city attorney and any advisory legal counsel shall consult to the extent practicable prior to the release of any secondary opinion. The legal services provided to the council shall not include representation of the council or any councilor in any litigation or the issuance of formal legal opinions on behalf of the city. (c) Other Staff - Subject to appropriation, the city council may employ staff as it deems necessary. (d) Removals and Suspensions of City Council Staff - City council appointments may be removed at the sole discretion of the city council subject to limitations and requirements imposed by federal and state laws, rules or regulations. (a) Department Heads - The mayor shall refer to the city council for confirmation and simultaneously file with the city clerk the name of each person the mayor appoints as a department head. These appointments shall be considered confirmed 30 days from the date of the first regularly scheduled city council meeting after the date on which notice of the appointment was filed with the city clerk, unless the city council within said 30 days rejects the appointment by the affirmative vote of 8 of its members; provided, however, that if no city council meeting is held within the subsequent 30 days of the first meeting, the city council shall have 30 days from the second regularly scheduled meeting after the appointment to reject the appointment. The city council shall not unreasonably reject an appointment and shall accompany a rejection with a written statement describing the reason for the rejection, which shall be delivered to the mayor and placed on file with the city clerk within 30 days of the city council’s vote rejecting an appointment. The question on rejection of any appointment made by the mayor shall not be subject to the procedure of charter objection provided in subsection (b) of section 2-9. (b) Multiple-Member Bodies - The mayor shall refer to the city council and simultaneously file with the city clerk, the name of each person the mayor desires to appoint as a member of a multiple-member body. The city council shall have 60 days after the date on which notice of the proposed appointment was filed with the city clerk to vote to approve or reject the appointment; provided, however, that the city council shall not unreasonably withhold approval of the appointment; and provided further, that if the city council does not take action on the appointment within 60 days, the appointment shall be deemed approved. Multiple-member body members may be removed at the discretion of their appointing authority. (1) All appointments to quasi-judicial bodies and regulatory bodies shall be for terms established by administrative order or the General Laws. Any member of a quasi-judicial body or regulatory body appointed to a successive term shall be subject to confirmation by the city council under subsection (b) of section 2-8 upon the expiration of each term. (2) In the event of a vacancy on a multiple-member body where the seat has remained vacant in excess of 1 year and the mayor has not referred to the city council any proposed appointees to fill the vacancy, the city council president may present to the mayor the names of not more than 3 persons as recommendations for appointment. The procedure for selecting names of persons for presentation to the mayor shall be established within the rules of the city council. (3) The mayor shall twice annually, in February and August, post a complete list of the vacancies on all multiple-member bodies, as well as the procedures for individuals to apply to become a member of such bodies. This posting shall be in addition to, and not a substitute for, regular posting for the purpose of filling vacancies as they arise. (c) Police and Fire Employees - The mayor shall refer to the city council for confirmation and simultaneously file with the city clerk, the name of each person the mayor desires to appoint or promote as a member or officer of the police department or the fire department. The city council shall not unreasonably withhold confirmation of appointments, shall adhere to any merit principles identified in applicable law, including, but not limited to applicable civil service law, and shall accompany a rejection with a written statement describing the reason for the rejection, which shall be delivered to and placed on file with the city clerk within 30 days of the rejection. The question on confirmation of any appointment submitted by the mayor shall not be subject to the procedure of charter objection provided in subsection (b) of section 2-9 of this charter. (a) Measures - Every adopted measure shall become effective at the expiration of 10 days after adoption or upon the signature of the mayor, whichever occurs first, unless the ordinance or this charter provides otherwise. An ordinance shall not be amended or repealed except by another ordinance adopted in accordance with this charter. (b) Charter Objection - On the first occasion that the question on adoption of a measure is put to the city council, a single member may object to the taking of the vote and postpone the vote until the next meeting of the city council, whether regular or special. If 2 or more members object, the vote shall be postponed until the next regular meeting. This procedure shall not be used more than once for any specific matter regardless of whether it has been amended. A charter objection shall have privilege over all motions; provided, however, that it shall be raised prior to or at the call for a vote by the presiding officer and at that time all debate pertaining to the item shall cease. (a) In General - The city council may make investigations into the affairs of the city and into the conduct and performance of any city agency. Absent compelling circumstances or an emergency, which shall be declared on record and noted in the city council minutes, the city council shall give a notice of not less than 14 days to any person it may require to appear before it under this section; provided, however, that in the case of compelling circumstances or emergency, the notice period may be shortened to not less than 7 days. The notice shall include specific questions on which the city council seeks information and any person called to appear before the city council under this section shall not be required to respond to any question not relevant or related to those questions presented in advance and in writing. The mayor shall receive a copy of any notice issued under this section at the same time as the person who is requested to appear before the council. A majority vote of the city council shall be required to issue notice under this section. (b) Department Head - The city council may require, by majority vote, specific information from a department head or the department head’s designee on any matter related to the municipal services, functions and powers or duties which are within the scope of responsibility of such department head and related to the official duties and responsibilities of the city council. The department head or the department head’s designee shall not be required to answer questions relating to any other matter outside the scope of the matter noticed or provide information the release of which is prohibited by law. (c) Mayor - The city council may request, by majority vote, specific information from the mayor on any municipal matter related to the official duties and responsibilities of the city council. The mayor or their designee shall appear before the city council and respond to the questions. The mayor or their designee shall not be required to answer questions relating to any other matter outside the scope of the matter noticed or be required to provide information the release of which is prohibited by law. The mayor may bring to this meeting any assistant, department head or other city officer or employee that the mayor may consider necessary to assist in responding to the questions posed by the city council.
The city council shall hold a public hearing and act with respect to every
petition which is addressed to it and signed by not less than 50 voters, as
certified by the board of election commissioners within 5 days of the receipt
of the petition. The city clerk shall accept the petition following
certification by the board of election commissioners and place it before the
council on the next agenda. The hearing shall be held by the city council, or
by a committee or subcommittee thereof, and the city council shall act on the
petition within 3 months of the date it first appeared on the agenda. Hearings
on 2 or more petitions filed under this section may be held at the same time
and place. Not less than 14 days before the hearing, the city clerk shall
notify the 10 petitioners whose names first appear on each petition, publish a
general summary of the subject matter of the petition and post notice of the
date and time of the public hearing. A hearing shall not be held upon any
subject more than once in a 12-month period, as determined by the city council
president.
(a) Councilor At-Large - When a vacancy exists for an at-large city council seat and more than 180 days remain in the term for such seat, the city clerk shall notify the city council and the board of election commissioners of the vacancy within 7 days of such vacancy. Not less than 7 days after notification, the chair of the board of election commissioners or a designee shall certify, in writing, to the city clerk that the defeated candidate for the office of councilor at-large with the next highest number of votes at the prior municipal election, if willing and able to serve, shall fill the remainder of the existing term. The city clerk shall administer the oath of office to such candidate within 15 days after certification and the person shall take the seat. If such candidate declines the office, is not eligible and willing to serve or fails to take the oath of office within the time period set forth in this section, then the candidate with the next highest number of votes for councilor at-large at the prior municipal election who is eligible and willing to serve shall take the seat under the same circumstances as above. If no such candidate for the office can serve, the city council shall call a special election to fill the seat for the remainder of the term. If the vacancy occurs with not more than 180 days in the existing term, the vacancy shall be filled as above; provided, however, that if no candidate is available to take the seat, the seat shall remain vacant until the next regular municipal election and the person elected shall take office upon certification of the vote and serve for the remainder of the existing term as well as the term to which elected. The city clerk shall administer the oath of office to elected candidates at the next meeting of the city council. (b) Ward Councilor - If a vacancy occurs in the office of ward councilor and more than 180 days remain on the existing term, the city council shall immediately order a special election to fill the vacancy for the remainder of the unexpired term. If a vacancy occurs with not more than 180 days before the end of the term, the seat shall remain vacant until the next regular municipal election for the office and the person elected shall fill the vacancy for the remainder of the unexpired term and the term to which elected. The city clerk shall administer the oath of office to the person at the next meeting of the city council. (a) Role - The chief executive officer of the city shall be a mayor, elected by the voters at large. The role of mayor shall be a full-time position. (b) Term of Office - The term of office for mayor shall be 2 years, beginning on the first business day in January following the municipal election. (c) Eligibility - Any voter shall be eligible to hold the office of mayor.
The mayor shall not hold another compensated city position or other elected
public office. A former mayor shall not hold a compensated appointed city
office or city employment for 1 year after termination of their service as the
mayor. Any former mayor shall not receive compensation for contracted work
authorized during their tenure as the mayor. This subsection shall not prevent
a city officer or other city employee who has vacated a position to serve as
the mayor from returning to the same office or other position of city
employment held when the position was vacated. This prohibition shall not apply
to persons covered by a leave of absence under section 37 of chapter 31 of the
General Laws.
The mayor shall receive compensation for the mayor’s services as set by the city council by ordinance. An ordinance increasing or reducing the compensation of the mayor shall not be effective unless: (i) it is adopted by affirmative vote of 8 members of the city council; (ii) it is adopted prior to the last 6 months of the mayor’s term; and (iii) it provides that the compensation increase or reduction is to take effect upon the organization of the city government following the next regular municipal election. (a) Executive Powers - The executive powers of the city shall be vested solely in the mayor and may be exercised by the mayor either personally or through the city agencies under the general supervision and control of the office of the mayor. The mayor shall cause this charter, laws, ordinances and other orders of the city government to be enforced and shall cause a record of all official acts of the executive branch of the city government to be kept. The mayor shall supervise, direct and be responsible for the efficient administration of all city activities and functions placed under the control of the mayor by law or by this charter. The mayor or the mayor’s designee shall have the sole power to sign, seal, execute and deliver on behalf of the city, deeds and leases of land sold or leased by the city and other deeds, agreements, contracts, leases, indentures and assurances on behalf of the city. (b) Supervision of City Agencies - The mayor shall exercise general supervision and direction over all city agencies, unless otherwise provided by law or by this charter. Each city agency shall furnish to the mayor any information or materials the mayor may request and as the needs of the office of mayor and the interest of the city may require. The mayor shall be responsible for the efficient and effective coordination of the activities of all city agencies and may call together for consultation, conference and discussion, at reasonable times, all persons serving the city. (c) Multiple-Member Bodies - The mayor shall be, by virtue of the office, a member of every appointed multiple-member body of the city. The mayor may attend any meeting of an appointed multiple-member body of the city, including executive sessions, to participate in the discussions of that body; provided, however, that the mayor shall not have the right to vote on any matter before a multiple-member body which they serve on solely by virtue of their office. (a) Department Heads - The mayor shall appoint, subject to confirmation by the city council under section 2-8, all department heads for whom no other method of appointment or selection is provided by this charter. Department heads serve at the discretion of the mayor subject to the limitations and requirements imposed by federal and state laws, rules or regulations. (b) City Attorney - The city attorney shall be appointed by the mayor, subject to confirmation by the city council under section 2-8. The city attorney shall be appointed to a 2-year term. Whenever the mayor appoints or reappoints a city attorney the mayor shall submit the name of the person to serve as city attorney for confirmation under section 2-8, and the provisions of section 2-8 shall apply to both an appointment and reappointment; provided, however, that a reappointment shall not be rejected except by negative vote of not less than 8 members of the city council. If the mayor fails to submit the name of the person serving as the city attorney for confirmation of reappointment within 30 days of the expiration of the term, the city clerk shall place an item on the agenda for such reappointment at the next regular city council meeting. c) Multiple-Member Bodies - The mayor shall appoint, subject to confirmation by the city council under section 2-8, all members of multiple-member bodies for whom no other method of appointment or selection is provided by administrative order or General Laws. All members shall serve terms as defined by administrative order or General Laws. Upon the expiration of the term of any member of a multiple-member body, a successor shall be appointed in a like manner. The mayor shall fill any vacancy for the remainder of the unexpired term of any member of a multiple-member body. (d) Police and Fire Employees - The mayor may appoint and promote, subject to confirmation by the city council, members and officers of the police department and fire department subject to requirements of the commonwealth’s civil service law. (e) City Employees - The method of appointment for all other city employees shall be as prescribed by administrative order.
The mayor shall appoint a chief administrative officer, subject to confirmation
by the city council under section 2-8,
to coordinate and direct the operations and functions of municipal government.
The appointee shall be chosen on the basis of appropriate administrative and
executive qualifications and shall have a combination of experience, training
or education to perform the duties of the office.
The mayor shall submit the name of the person appointed to serve as a chief
administrative officer for confirmation undersection 2-8.
If a temporary or permanent vacancy occurs in a city office that is appointed by the mayor under subsections (a) and (b) of section 3-5, the mayor may designate a person to perform the duties of the office on a temporary basis for not more than 180 days until the position can be filled as provided by law or by this charter. Persons serving as temporary officers under this section shall have only those powers that are indispensable and essential to the performance of the duties of the office during the period of temporary appointment and no others. (a) Filing of a Temporary Appointment - When the mayor designates a person under this section, the mayor shall file a certificate with the city clerk in substantially the following form: “I designate [name of person] to perform the duties of the office of [office in which vacancy exists] on a temporary basis until the office can be filled by [the regular procedure for filling the vacancy or when the incumbent shall return]. I certify that this person is qualified to perform the duties which will be required and that I make this designation solely in the interests of the city of Somerville.” (b) Extension of Temporary Appointments - If an extension of a temporary appointment is necessary, the mayor may seek extensions in 90-day increments, which shall be authorized by a majority vote of the city council. If an extension is not approved, the position shall be deemed vacant.
If a temporary or permanent vacancy occurs on a multiple-member body that is
appointed under subsection (c) of section 3-5, the mayor may designate a person
to perform the duties of the office on a temporary basis for not more than 150
days until the position can be filled as provided by law or by this charter. If
such vacancy occurs on a quasi-judicial body or regulatory body, the mayor
shall submit a communication to the city council with the name of such
designee. If an extension of a temporary appointment is necessary, the mayor
may seek extensions in 60-day increments, which shall be authorized by a
majority vote of the city council. If an extension is not approved, the
position shall be deemed vacant; provided, however, that for a vacancy on
multiple-member bodies where such a vacancy would prevent the presence of a
quorum, the temporary appointment shall remain in effect even without an
extension, until a successor is qualified.
Every ordinance or other measure as required by law adopted or passed by the
city council, except any matters relating to the internal affairs of the city
council, shall be presented to the mayor for approval. If the mayor approves
the measure, the mayor shall sign it. If the mayor disapproves the measure, the
mayor shall return it to the city council with the specific reason for
disapproval attached in writing. The city council shall enter the objections of
the mayor on its records and reconsider the measure at its subsequent regular
meeting. If the city council, regardless of the disapproval by the mayor, again
passes the identical measure by affirmative vote of not less than 8 members of
the city council, the measure shall then be deemed in force. If the mayor has
neither signed a measure nor returned it to the city council within 10 days
following the date it was presented to the mayor, the measure shall be deemed
approved and in force.
(a) Communications to the City Council - The mayor shall, by written communication: (i) recommend to the city council for its consideration measures as the needs of the city require; and (ii) keep the city council fully informed of the financial and administrative condition of the city and shall specifically indicate any fiscal, financial, or administrative issues facing the city. (b) Special Meetings of the City Council - The mayor may call a special meeting of the city council for any purpose. Unless the mayor designates an emergency, notice of the meeting shall be delivered to the city clerk not less than 3 business days in advance of the time set and shall specify the date, time, location and the purpose for which the meeting is to be held. The city clerk shall post an agenda for such meeting not less than 2 business days in advance of the time set. (a) Acting Mayor - If the mayor is unable to perform the duties of the office, the president of the city council shall serve as acting mayor. If the city council president is unable to serve as acting mayor under this section, the city council shall elect a councilor to serve as acting mayor by majority vote from among its membership. The city council, by the affirmative vote of not less than 8 members, shall determine whether the mayor is unable to perform the duties of the office. Notwithstanding any general or special law to the contrary, the vote shall be taken in public session by a roll call vote. (b) Powers of Acting Mayor - The acting mayor shall have only those powers of the mayor that are indispensable and essential to conduct the business of the city and on which action may not be delayed. The acting mayor shall not have the authority to make a permanent appointment or removal from city service unless the absence of the mayor shall extend beyond 60 days, nor shall the acting mayor approve or disapprove of any measure adopted by the city council unless the time within which the mayor must act would expire before the return of the mayor. The city council president or another councilor serving as acting mayor shall not vote as a member of the city council.
The mayor may authorize and subsequently remove authorization from a
subordinate officer or employee of the city to exercise or perform a function
or duty of the office of the mayor; provided, however, that all acts performed
under any delegation of authority during the period of authorization shall be
and remain the acts of the mayor. Nothing in this section shall be construed to
authorize the mayor to delegate the powers and duties of the mayor as a school
committee member, the power of appointment to city office or employment or the
authority to sign or return measures approved by the city council unless
section 3-11 applies.
If a permanent vacancy occurs in the office of mayor with not more than the 6 months until the next regular municipal election, the office shall be filled by the voters at that election; provided, however, that if a permanent vacancy occurs in the office of mayor with more than 6 months until the next regular municipal election, the city council shall immediately order a special election to be held within 150 days following the date of the vacancy. The city council president shall serve as acting mayor until the permanent vacancy is filled pursuant to this section. If the city council president is unwilling or unable to serve, the city council shall elect a councilor to serve as the acting mayor by majority vote from among its membership. If the councilor serving as the acting mayor chooses to run for mayor, such councilor shall not be entitled to have the words “candidate for reelection” printed with their name on the election ballot. Any person serving as acting mayor shall receive the compensation then in effect for the position of mayor and shall not vote as a member of the city council. The resulting vacancy on the city council shall be filled in the manner provided in section 2-12. (a) Composition - There shall be a school committee consisting of 9 members. Seven members shall be nominated and elected by the voters in each ward, 1 member elected from each ward. The mayor and the president of the city council shall serve, by virtue of their office, with the same powers and duties as other school committee members; provided, however, that neither shall serve as chair. (b) Term of Office - The term for the school committee shall be 2 years, beginning on the first business day in January following the municipal election. (c) Eligibility - Any voter residing in the ward from which election is sought shall be eligible to hold the office of school committee member. If a school committee member removes from the city during the committee member’s term, that office shall immediately be deemed vacant and filled in the manner provided in section 4-6. If a school committee member removes to another ward in the city, the member may continue to serve for the balance of the term to which elected.
A member of the school committee elected by ward shall not hold any other
compensated city position. A former member of the school committee elected by
ward shall not hold any compensated appointed city office or city employment
for 1 year after termination of their service on the school committee. This
section shall not prevent a city officer or other city employee who has vacated
a position in order to serve as a member of the school committee elected by
ward from returning to the same office or other position of city employment
held at the time the position was vacated.
Members of the school committee shall receive compensation for their services as set by ordinance by the city council. An ordinance authorizing the compensation of the members of the school committee shall not be effective unless: (i) it is adopted by affirmative vote of 8 members of the city council; (ii) it is adopted prior to the last 6 months of the school committee’s term; and (iii) it provides that the compensation is to take effect upon the organization of the city government following the next regular municipal election.
The school committee shall determine the procedures for the election of school
committee chair and vice-chair and adopt policies and procedures relating to
conducting the business of the school committee
The school committee shall have all powers which are conferred on school committees by the General Laws and the additional powers and duties provided by this charter, including, but not limited to: (i) selecting and removing a superintendent of the schools who shall be charged with the administration of the school system, and appointment of all other personnel as provided by the General Laws; (ii) adopting policies for the management of the public school system as deemed necessary or desirable; (iii) adopting and overseeing the administration of an annual operating budget for the school department, subject to appropriation; (iv) providing ordinary maintenance of all school buildings and grounds, unless a central municipal maintenance department, which may include maintenance of school buildings and grounds, is established; and (v) at least 1 member of the school committee, or a designee of the school committee, shall serve on the agency, board or committee for the planning or construction of a new, remodeled or renovated school building.
If a vacancy on the school committee occurs with not less than 1 year remaining
in the term, the city council shall order a special election to fill the
vacancy. If a vacancy on the school committee occurs with less than 1 year
before the end of the term but more than 120 days before any regular municipal
election, the school committee shall appoint a replacement to serve for the
remainder of the term from the qualified voters of the ward. The school
committee shall post notice of the vacancy and solicitation of nominations and
appoint the replacement in accordance with school committee policy. If a
vacancy occurs within 120 days of a regular municipal election, the vacancy
shall be filled by the regular election and the newly elected school committee
member’s term shall begin following the certification of election results. The
person elected shall be sworn to the office to fill the vacancy for the balance
of the unexpired term as well as the term to which elected. The city clerk
shall administer the oath of office to them at or before the next meeting of
the school committee.
The organization of the city into agencies to provide services and administer the government may be accomplished only through an administrative order submitted to the city council by the mayor. An administrative order may not originate with the city council. The mayor may, subject only to express prohibitions of General Laws or this charter, propose administrative orders to establish a new agency, reorganize, consolidate or abolish any agency, in whole or in part, as is deemed necessary to conduct the business of the city in an orderly, efficient or convenient manner. The mayor may also propose administrative orders to establish terms of office and prescribe the functions and administrative procedures to be followed by all agencies. These proposed administrative orders shall be accompanied by a message from the mayor which explains the expected benefits and advises the city council if an administrative order shall require amendments, insertions, revisions, repeal or otherwise of existing ordinances. Whenever the mayor proposes an administrative order, the city council shall hold at least 1 public hearings on the proposal and post notice. An organization or reorganization plan shall become effective at the expiration of 60 days from filing, unless the city council has disapproved the plan by majority vote prior to that date; provided, however, that if no regular city council meeting is held within the subsequent 60 days of the first regular meeting after the filing of an organization or reorganization plan, the city council shall instead have 60 days from the second regular meeting. The city council may vote only to approve or to disapprove the plan and may not vote to amend or to alter it.
All appointments and promotions of city officers and other city employees shall
be made on the basis of fitness demonstrated by examination, past performance
or by other evidence of competence and suitability. Each person appointed to
fill an office or position shall be a person who has the experience, training
or education to perform the duties of the office or position.
The fiscal year of the city shall begin on July 1 and end on June 30, unless
another period is required by the General Laws.
The city council shall hold a community budget hearing on or before February 15
of each year to solicit public input regarding budget priorities. The city
council shall post notice of the community budget hearing 14 days in advance of
the hearing. The mayor shall, at the first regular meeting of the city council
of each year, solicit budget priorities from all city councilors.
Not later than March 1 of each year, the mayor shall call a joint meeting of
the city council and school committee, including the superintendent of schools,
to review the financial condition of the city, revenue and expenditure
forecasts for not less than 3 years and other relevant information prepared by
the mayor in order to develop a coordinated budget.
On or about May 30 of each year, the mayor shall submit to the city council a
proposed operating budget for all city agencies for the next fiscal year. The
proposed operating budget shall include the school budget, as adopted by the
school committee, which shall be submitted to the mayor on or about May 15. The
proposed operating budget shall be accompanied by a budget message and
supporting documents. The budget message shall: (i) explain the operating
budget in fiscal terms and in terms of work programs for all city agencies;
(ii) outline the proposed fiscal policies of the city for the next fiscal year;
(iii) describe important features of the proposed operating budget; and (iv)
include any major variations from the current operating budget, fiscal
policies, revenues and expenditures together with reasons for these variations.
The proposed operating budget shall provide a complete fiscal plan of all city
funds and activities and shall be in the form the mayor deems desirable;
provided, however, that the budget proposals relative to elected officials
shall identify the cost of compensation and the cost of benefits for such
officials. The mayor and the superintendent of schools shall coordinate the
dates and times of the school committee's budget process under the General
Laws.
(a) Public Hearing - The city council shall hold a public hearing on the proposed operating budget as submitted by the mayor. Not less than 7 days before such public hearing, the city council shall post a notice stating: (i) the times and places where copies of the entire proposed operating budget are available for inspection by the public; and (ii) the date, time and place when a public hearing on the proposed operating budget shall be held by the city council. The city council shall not act on the budget until after the public hearing has occurred. (b) Adoption of the Budget - The city council shall take action on the proposed operating budget, which may have amendments, before the end of the fiscal year. In amending the proposed operating budget, the city council may delete or decrease amounts except expenditures required by law; provided, however, that the city council shall not increase any specific item or the total of the proposed operating budget except on the recommendation of the mayor or unless otherwise authorized by the General Laws. If the city council fails to act on an item in the proposed operating budget prior to the beginning of the fiscal year, that amount shall, without any action by the city council, become a part of the appropriations for the year and be available for the purposes specified. (c) Availability of the Operating Budget - In addition to any other posting requirements, immediately after the submission of the proposed budget to the city council, the mayor or a designee shall post the entire budget document on the city website, where it shall remain posted during the city council review process contained in this article. After the enactment of the budget, the mayor or a designee shall post the final budget on the city website, where it shall remain throughout the fiscal year for which it is in effect. The final budget shall reflect any amendments made by the city council and approved by the mayor and shall indicate that it is the final budget. (a) Submission - The mayor shall submit a capital improvement plan to the city council not later than November 1 of each year. The mayor shall annually revise the information regarding the capital improvements still pending or in the process of being acquired, improved, or constructed. The capital improvement plan shall include: (i) a general summary of its contents; (ii) a list of all capital improvements proposed to be undertaken during the next 5 years, with supporting information as to the need for each capital improvement; (iii) cost estimates, methods of financing, and recommended time schedules for each improvement; and (iv) the estimated annual cost of operating and maintaining each facility and piece of major equipment involved. (b) Public Hearing - The city council shall post a notice stating: (i) the times and places where entire copies of the capital improvements plan are available for the public; and (ii) the date, time and place of a public hearing on the plan to be held by the city council between 14 and 21 days after posting of the notice. (c) Adoption - Following the public hearing, but not later than December 1, the city council shall by resolution adopt or reject the capital improvements plan. The mayor may amend the adopted plan; provided, however, that each amendment shall be voted on separately; and provided further, that an increase in the capital improvements plan as submitted shall clearly identify the method of financing to accomplish the proposed increase.
The mayor shall annually provide for an outside audit of the books and accounts
of the city in the form of an annual comprehensive financial report to be
conducted by a certified public accountant or a firm of certified public
accountants, which has no personal interest, direct or indirect, in the fiscal
affairs of the city or any of its officers. The scope of the audit shall
specify that each year of the audit engagement, a different department,
division or program shall be subject to an expanded scope audit or internal
control review. The city council may, by majority vote, determine the
department, division or program to be subject to an expanded scope audit or
internal control review. The award of a contract to audit shall be made by the
mayor not later than September 15 of each year. The report of the audit and all
accompanying documents, including a management letter so-called shall be filed
in final form with the city council not later than March 1 in the year
following its award. The certified public accountant or firm of certified
public accountants shall make a presentation to the city council as soon as
practicable after March 1 but not later than May 31 of each year. Not less than
every 3 years, the mayor shall conduct a procurement process using sound
business practices to retain these services.
Except as otherwise provided by law, an official of the city shall not
knowingly or intentionally expend in a fiscal year sums in excess of the
appropriations, awards, grants or gifts duly made in accordance with law or
involve the city in any contract for the future payment of money in excess of
these appropriations, awards, grants or gifts. It is the intention of this
section that section 31 of chapter 44 of the General Laws shall be strictly
enforced. Any official who violates this section shall be personally liable to
the city for any amounts so expended to the extent that the city does not
recover these amounts from the person to whom the sums were paid.
A preliminary election to nominate candidates for mayor, councilors at-large,
ward councilors and school committee members shall be held on the second
Tuesday in September in each odd-numbered year in which the candidates are to
be elected. The city clerk may, with the approval of the city council,
reschedule the preliminary election to the third Tuesday in September to avoid
a conflict with any civil or religious holiday. If a special election to fill a
vacancy is to be held, a preliminary election shall be conducted, if necessary,
not less than 35 days before the date established for the special election. A
preliminary election to fill a vacancy in the office of ward councilor or
school committee member shall be held only in the ward where there is a
vacancy.
(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: (1) Mayor – not less than 250 certified signatures; (2) At-Large City Councilor - not less than 100 certified signatures; (3) Ward City Councilor – not less than 50 certified signatures, all of which shall be certified as being from the ward from which election is sought; and (4) School Committee Member - not less than 50 certified signatures, all of which shall be certified as being from the ward from which election is sought. (b) Forms - Signatures of voters shall be made on a form prescribed by the board of election commissioners and shall be made available not earlier than April 2 and not later than June 18 in each municipal election year. The forms shall be submitted to the board of election commissioners for certification of the signatures not later than the 14 days before submission to the city clerk. The forms shall be submitted to the city clerk not later than 5:00 p.m. on the forty-fifth day prior to the declared date of the preliminary election. An individual may appear on the ballot for only 1 office at any preliminary, regular or special municipal election. (c) Ballot Position - The order in which names of candidates for each office appear on the ballot shall be determined by a drawing conducted by the city clerk not less than 40 days before the preliminary election. The drawing shall be open to the public. (d) Determination of Candidates for election: (1) Offices of Mayor, Ward Councilor and School Committee - the 2 candidates who receive the highest number of votes for nomination to each office at the preliminary election shall, except as provided by subsection (e), be the candidates for that office. The candidates’ names shall be printed on the official ballot to be used at the regular or special municipal election at which the office is to be voted upon and an acceptance of a nomination shall not be necessary to its validity. (2) Offices of City Councilor At-Large - the 8 candidates who receive the highest number of votes for nomination to the office shall, except as provided by subsection (e) upon and an acceptance of a nomination shall not be necessary to its validity. (3) Preliminary Results; Tied Vote - If there is a tie among candidates for the last available ballot position for any given elected office, then all candidates receiving the same number of votes for the office shall be printed on the regular municipal election ballot, notwithstanding any other provisions in this charter specifying the number of candidates to be printed on the election ballot. (e) Condition Making Preliminary Unnecessary - If the time for filing forms of candidates to be on the ballot for any preliminary election has expired and the number of forms filed with the city clerk for an office is not more than 2 for the office of mayor, ward councilor or school committee member and 8 for the office of city councilor at-large, the candidates whose forms have been filed shall be deemed nominated to that office. Those candidates shall be voted on for the office at the regular or special municipal election. The city clerk shall not print those names on the ballot to be used at the preliminary election and another nomination to the office shall not be made and a preliminary election shall not be held for the office or offices.
The regular municipal election shall be held on the Tuesday following the first
Monday in November in each odd-numbered year.
The order in which names of candidates for each office appear on the ballot
shall be determined by a drawing conducted by the city clerk not later than 7
days after the certification of the preliminary election results. If there is
no preliminary election in advance of the regular municipal election or a
special election, the drawing shall be conducted on the Tuesday 6 weeks prior
to the election. The drawing shall be open to the public.
All elections for city offices shall be non-partisan and election ballots shall
be printed without any party mark, emblem or other political designation.
The territory of the city shall be divided into 7 wards by the city clerk to
consist of as nearly an equal number of inhabitants as it is possible to
achieve, based on compact and contiguous territory, bounded as far as possible
by the center line of known streets or ways or by other well-defined limits.
Each ward shall be composed of voting precincts established under the General
Laws. The city council shall review these wards to ensure uniformity in the
number of inhabitants not less than once every 10 years.
Except as otherwise expressly provided in this charter and authorized by law,
all municipal elections shall be governed by the General Laws relating to the
right to vote, the registration of voters, the nomination of candidates, voting
places, the conduct of preliminary, regular and special municipal election, 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.
This charter may be replaced, revised or amended in accordance with the state
constitution or the General Laws.
To the extent that a specific provision of this charter conflicts with any
provision expressed in general terms, the specific provision of this charter
shall prevail.
A copy of all rules and regulations adopted by a city agency shall be posted to
the city website. Unless an emergency exists, as determined by the mayor, a
rule or regulation adopted by a city agency shall not become effective until
not less than 5 days following the date it is posted. This section shall not
apply to internal operating protocols and policies enacted by city departments.
The mayor and city council shall provide for a review to be made of the city
charter not less than once every 10 years to determine the need, if any, for
changes and prepare recommendations addressing any proposed changes. The manner
of the review shall be established by ordinance and incorporate opportunities
for community input. The report of the committee and accompanying
recommendations, if any, shall be filed with the city clerk on a date specified
by ordinance.
The mayor and city council shall provide for a review to be made of some or all
of the city ordinances not less than once every 10 years to determine the need
for amendments, if any. Such review shall be scheduled to follow the charter
review as provided in section 8-4 of the charter by at least 1 year. The manner
of the review shall be established by ordinance. The review of city ordinances
shall be under the supervision of the city attorney and incorporate
opportunities for community input. The recommendations shall be filed with the
city clerk on a date specified by ordinance.
The mayor and the city council shall provide for a review to be made of all
multiple-member bodies not less than once every 10 years; provided, however,
that such bodies as are required in cities by the General Laws shall not be
included in such review. This review shall be made by a special committee whose
membership and term shall be determined by ordinance and the initial review
shall be implemented as provided in subsection (d) of section 9-7. The special
committee shall file its report with the city clerk on a date specified by
ordinance. The committee’s report should include an assessment of the function
and relevance of multiple-member bodies included in the review and may include
recommendations to combine, dissolve or create multiple-member bodies to
address redundancies or emerging concerns of the city.
Open meeting law and procedures in the General Laws shall apply to the proceedings of multiple-member bodies and shall include the following: (1) Officers - All appointed multiple-member bodies shall elect a chair, a vice-chair and any other officer it deems necessary. (2) Meetings - All appointed multiple-member bodies of the city shall meet regularly at the times and places that the multiple-member body, by the body’s own rules, prescribe. Special meetings of any multiple-member body shall be held at the call of the chair or by a majority of the members of the body. Notice of the meeting shall be posted as required by law. Except as may otherwise be authorized by law, all meetings of all multiple-member bodies shall, at all times, be open to the public. (3) Meeting Documents and Submissions - Each appointed multiple-member body shall determine its own rules and order of business. Each multiple-member body shall provide for the keeping of agendas, minutes and related submissions of its proceedings. All documents shall be a public record and certified copies shall be placed on file in the office of the city clerk within a reasonable period from the date of approval. (4) Voting - If requested by any member, a vote of an appointed multiple-member body shall be taken by a roll call vote and the vote of each member shall be recorded in the minutes, provided, however, that if the vote is unanimous only that fact need be recorded. Unless some other provision is made by the multiple-member body's own rules while a quorum is present, except on procedural matters, any action on a matter representing an exercise of the powers of the multiple-member body shall require a majority vote. General Laws related to a vote to meet in executive session shall always require a majority of members of the body.
All references to General Laws contained in this charter refer to the
Massachusetts General Laws and are intended to refer to and to include any
amendments or revisions to chapters or sections or to the corresponding
chapters and sections of any rearrangement, revision or recodification of
statutes enacted or adopted subsequent to the adoption of this charter.
In computing time under this charter, the day of the act or event after which
the designated time period begins to run shall not be included. The last day of
the period shall be included, unless it is a Saturday, Sunday or legal holiday,
in which event the period shall be extended to the next business day.
a) Officials Elected in Regular Municipal Elections - On the first business day in January of each even-numbered year, the city council members-elect, the school committee members-elect and the mayor-elect, shall meet and take an oath or affirmation to faithfully discharge the duties of their office. The oath or affirmation shall be administered by the city clerk, the assistant city clerk, a judge of a court of record or by a justice of the peace. Each official taking the oath or affirmation shall also sign a written version, which shall be kept in a bound book maintained by the city clerk. If the mayor-elect or any member-elect of the city council or school committee is absent on the day the oath is administered, the oath or affirmation shall be administered at any time within 10 days of the first business day of January, unless circumstances beyond the control of the officer-elect prevent such action, but in no instance shall the time period to be sworn to office extend beyond 30 days from the first business day of January. (b) Other Elected Officials and Appointed Positions - Except as otherwise provided by law, every person who is elected or appointed to an office or as a member of a multiple-member body shall take an oath or affirmation before performing any act under this election or appointment. A record of this oath or affirmation shall be kept by the city clerk.
Unless otherwise allowed by law or this charter, a person shall not
simultaneously hold more than 1 office or position of employment with the city.
This section may be waived by the mayor by filing a notice of the waiver with
an explanation and justification with the city clerk.
An elected official who has been convicted of a state or federal felony while
holding office shall be deemed to have vacated the office.
It shall be the duty of the mayor to see that this charter is faithfully
followed and complied with by all city agencies and employees. If it appears to
the mayor that a city agency or employee is not following this charter, the
mayor shall, in writing, cause notice to be given to that agency or employee
directing compliance with this charter. If it appears to the city council that
the mayor is not following this charter, the city council shall, by resolution,
direct the attention of the mayor to those areas in which it believes there is
a failure to comply with this charter. The procedures made available in chapter
231A of the General Laws may be used to determine the rights, duties or other
legal relations arising under this charter, including any question of
construction or validity which may be involved in that determination.
(a) All General Laws, special laws, city ordinances, city council votes, rules and regulations of or pertaining to the city that are in force when this charter takes effect, and not specifically or by implication repealed by this charter, shall continue in full force and effect until amended or repealed, or rescinded by due course of law, or until they expire by their own limitation. In any case in which the provisions of this charter are found to be inconsistent with the provisions of any general or special law that would otherwise be applicable, the provisions of this charter shall prevai.l (b) Except as otherwise provided in this charter, the city shall not be subject to provisions of chapter 31 of the General Laws. Uniform positions within the police department below the rank of deputy chief shall continue to be subject to said chapter 31. All uniform positions within the fire department, except the assistant chief position and the employee serving in such capacity, shall continue to be subject to said chapter 31. Tenured civil service employees of the city shall continue to be subject to the provisions of said chapter 31 in the classification held at the time of the effective date of this charter.
All city agencies and city officials shall continue to perform their duties
until reappointed, until successors to their respective positions are appointed
or until their duties have been transferred and assumed by another city agency.
All officers and department heads previously appointed or appointed and
confirmed at the time this charter takes effect shall not be required to be
re-appointed or re-appointed and confirmed, unless otherwise provided by this
charter.
All records and property of any city agency, or part thereof, the powers and
duties of which are assigned in whole or in part to another city agency, shall
be transferred forthwith to that agency.
All city office holders and employees shall retain the office, position or
employment they hold, and shall continue to perform the duties of the office,
position or employment until their employment or position is otherwise
terminated or other provisions are made. A person in full-time service of the
city shall not forfeit accrued time in service of the city as a result of
adoption of this charter.
All official bonds, recognizances, obligations, contracts and other instruments
entered into or executed by, with or on the behalf of the city before the
adoption of this charter, shall continue to be obligations of the city and all
taxes, assessments, fines, penalties and forfeitures, incurred or imposed, due
or owing to the city, shall be enforced and collected and all writs,
prosecutions, actions and causes of action, except as herein otherwise
provided, shall continue without abatement and remain unaffected by this
charter and any legal act done by or in favor of the city shall not be rendered
invalid by reason of the adoption of this charter.
(a) Certain Special Acts repealed - The following special acts are hereby repealed: St.1899, c. 240, establishing a charter for the city of Somerville; provided, however, that section 38 establishing the composition and term of the board of health, section 39 establishing the composition and term of the board of library trustees, and section 43 requiring that the purchasing agent make all city purchases, shall remain in effect until such time as the city acts under Article 5 of the charter to enact 1 or more administrative orders; St. 1982, c. 656 authorizing the mayor and council salaries to be set by ordinance; St. 1989, c. 355, establishing a 3 year term for the city clerk; St. 2014, c. 90, filling a vacancy in the office of mayor; St. 2018, c. 355, replacing the words “board of aldermen” and “alderman”, with the words “city council” and “councilor”, replacing the words “alderman at-large” with the words “councilor at-large”, and replacing the words “aldermen-elect” with the words “council-elect”, and St. 2022, c. 312, making c. 240 of 1899 gender neutral. (b) Certain Special Acts Recognized and Retained - The following special acts, including those which amended Chapter 240 of the Acts of 1899, relating to the organization of the city's government, are recognized and retained as follows, notwithstanding any reference to said c. 240: St. 1923, c.191, St. 1939, c.190, and St. 2018, c.410 relating to the Licensing Commission; St. 1928, c. 49 and c. 81, St. 2021, c. 63 relating to the Board of Appeals; St. 1928, c. 82, St. 2018, c. 410, and St. 2012, c. 400 relating to the Board of Election Commissioners; St. 1934, c. 294 relating to the Auditor, St. 1934, c. 295 relating to the Treasurer; St. 1953, c. 650, St. 1988, c. 94, St. 2004, c. 317, and St. 2008, c.112 relating to the Department of Public Works; St. 1977, c. 644 relating to the School Committee; St. 1985, c. 23, and St. 2012, c. 400 relating to the Board of Assessors; St. 1991, c. 390 relating to the Disabilities Commission; St. 2008, c. 106 establishing the Municipal Hearing Officer; St. 2012, c. 381, and St. 2016, c. 142 relating to the Alcoholic Beverages Commission; St. 2018, c. 364 relating to the Redevelopment Authority; St. 1978, c. 397, St. 2012, c. 400 relating to the Traffic Commission; and ss. 1-10, 26, 43, 47, 48, 49, 50, 56, 57, 58, 59 and 60 of c. 400 of the Acts of 2012 until such time as the city acts under Article 5 of this charter to adopt 1 or more administrative orders. (a) The provisions of section 3-6 of the charter of the city of Somerville, as appearing in section 7, relating to the appointment of the chief administrative officer shall take effect following acceptance at a regular or special municipal election in 2025 by a majority of the voters of the city voting in the affirmative pursuant to section 9. (b) The provisions of article 7 of said charter relating to municipal elections shall be in effect for the preliminary and regular or special municipal elections to be held in 2027 if said charter is accepted by a majority of the voters of the city voting in the affirmative pursuant to section 9. (c) The provisions of article 6 of said charter relating to the operating budget, the capital improvements program and the municipal audit shall take effect for the fiscal year beginning July 1, 2026 if said charter is accepted by a majority of the voters of the city voting in the affirmative pursuant to section 9. (d) Within 180 days of the adoption of said charter, the mayor shall promulgate and submit an administrative order pursuant to article 5 of said charter establishing a selection process for a city attorney. Any such selection process shall include the establishment of a special screening committee to review candidates for the position of city attorney. Said special screening committee shall include at least 1 member of the city council, designated by the city council president. Nothing in this section shall be deemed to apply to the reappointment of a city attorney. (e) Within 6 months of the adoption of said charter, the city council shall create a public financing of campaigns committee to study public financing mechanisms and prepare recommendations with the goal of making running for office in the city more accessible to potential candidates. The directive of this study committee is to consider a full range of options as practicable, provide analysis on the potential benefits and barriers of each option and consider which should be recommended to the city council for its consideration. The committee shall consist of 9 members: 1 shall be the chair of the board of elections commissioners or a designee; 1 shall be the city council president or a designee; 1 shall be the chair of the school committee or a designee; 2 shall be city residents appointed by the city council; 2 shall be city residents appointed by the school committee; and 2 shall be city residents appointed by the mayor. The committee shall elect a chair and establish the schedule of its meetings. The committee shall issue recommendations to the city council within 12 months of the appointment of all of the members. The city council shall take action on the recommendations within 90 days of receipt. If the city council has already taken action consistent with this provision, no action is necessary. (f) Within 6 months of the adoption of said charter, the city council shall create a ranked choice voting committee to propose a measure to adopt ranked-choice voting and submit a report on ranked-choice voting in the city. A voting method shall be considered ranked choice voting if the voter ranks candidates in order of preference. The committee’s report shall include: (i) the elected offices to be selected by this voting method; (ii) a timeframe and strategy for implementation; (iii) infrastructure and equipment requirements; (iv) a cost analysis; (v) a comparative analysis of other voting methods; (vi) an analysis of potential equity concerns; and (vii) a community education plan. If the city council has already taken action consistent with this provision, no action shall be necessary. The goal of this committee is to implement ranked choice voting in order to more accurately reflect the will of the voters, increase the number and diversity of candidates, lower barriers to candidate participation and increase transparency of elections. The committee shall consist of 9 members: 1 shall be the chair of the board of elections commissioners or a designee; 1 shall be the city council president or a designee; 1 shall be the chair of the school committee or a designee; 2 shall be city residents appointed by the city council; 2 shall be city residents appointed by the school committee; and 2 shall be city residents appointed by the mayor. The committee shall elect a chair and establish the schedule of its meetings. The committee shall propose a measure to the city council within 18 months of the appointment of its full membership. The city council shall take action on the measure within 90 days of receipt. (g) Within 6 months of the adoption of said charter, the mayor and the city council shall convene the first periodic review of multiple-member bodies committee, pursuant to section 8-6 of said charter. The committee’s report should include: (i) an assessment of the functions and relevancies of the city’s current multiple-member bodies; (ii) a review of activities of multiple-member bodies from recent years; (iii) the ability of the city to fill appointments to the body; and (iv) recommendations for combining, terminating or establishing new multiple-member bodies. If the city council has already taken action consistent with this provision, no action shall be necessary. The committee shall consist of 5 members: 1 shall be the mayor or a designee; 1 shall be the city council president or a designee; 1 shall be the city clerk; 1 shall be a city resident appointed by the mayor; and 1 shall be a city resident appointed by the city council. The committee shall submit a report to the city council. The city council shall respond to and vote on the recommendations within 90 days of receipt. (h) Within 120 days of the adoptions of said charter, the city council shall consider the acceptance of section 91 of chapter 41 of the General laws. |
To the Honorable Mayor and City Council: On April 14, 1871 the Governor of the state approved Chapter 182 of the Acts of the Legislature for 1871. This act, adopted by the voters of the town April 27, 1871, established the City of Somerville and outlined the basic laws and regulations of the new city government. This Charter of the City of Somerville remained in force until 1899 when at a special election held September 26th, the voters of the city accepted a revised Charter which the State Legislature authorized by Chapter 240 of the Acts of 1899. The Revised Charter of 1899 is still the basic law for the city. However, since that time, the State Legislature has authorized and the city has accepted several amendments to the Revised Charter. The accompanying copy of the Revised Charter has incorporated all authorized changes through the publication of this most recent Supplement. No changes can be made in these laws without specific authority from the State Legislature. An Appendix has been included which cites several additional acts of the State Legislature, as amended which, although not direct amendments to the Charter, lay down basic requirements for our city government. These acts are included here to give a more comprehensive picture of the city's basic laws as well as facilitate research and reference. Yours truly,
The inhabitants of the City of Somerville shall continue to be a municipal
corporation, under the name of the City of Somerville, and as such shall be
subject to all general laws relating to such corporations not inconsistent with
the provisions of this Act.
The administration of the fiscal, prudential and municipal affairs of said city
shall be vested in an executive department, to consist of the mayor, and a
legislative department, to consist of a single body, to be called the city
council. The executive department shall never exercise any legislative power,
and the legislative department shall never exercise any executive power.
It shall be the duty of the city council in joint convention, as soon as may be
after the acceptance of this Act, to divide said city into seven wards,
containing as nearly as possible and as may be consistent with well-defined
limits to each ward an equal number of male voters. In order
that the new wards may conform to the present representative districts, the
present ward one shall constitute one ward, and the present wards two, three
and four shall each be divided into two wards. Immediately after such new
division of the city into wards, the city council shall divide such new
wards into voting precincts, none of which shall contain more than one thousand
registered male voters, and the mayor shall thereupon appoint, with
the approval of the city council, election officers to serve therein. Action
under this section shall not apply to the state election to be held the present
year.
Except as herein otherwise provided, all elections for national, state, county,
district and municipal officers, and for any other municipal purposes, shall be
called and conducted according to the provisions of the General Laws of the
Commonwealth; provided, however, that municipal elections shall be held in the
City of Somerville, according to Chapter 281, Acts of 1932, as amended.
The biennial municipal election shall take place on the Tuesday next after the
first Monday of November in the year nineteen hundred and twenty-five and every
second year thereafter. The municipal year shall begin on the first Monday of
January in each year.
At such municipal election the qualified voters shall give in their votes by
ballot for a mayor and members of the city council and of the school committee,
or for such of them as are to be elected. The person receiving the highest
number of votes for any office shall be deemed and declared to be elected to
such office, and whenever two or more persons are to be elected to the same
office the several persons, up to and including the number required to be
chosen, receiving the highest number of votes shall be deemed and declared to
be elected.
If there is no choice of mayor or if the person elected mayor shall refuse to accept the office or shall die before qualifying, or if a vacancy in the office shall occur five months or more prior to any regular municipal election, the city council shall immediately order a special election and the same proceedings shall be had in all respects as are provided for the election of a mayor under this charter and shall be repeated until the election of a mayor is completed. If the vacancy in the office of mayor shall occur less than five months prior to any regular municipal election, it shall be filled by the city council from amongst its members by a majority vote of all its members. If the full number of members in the office of councilor-at-large has not been elected, or if a vacancy occurs in the office of councilor-at-large for any cause, the city clerk shall within five calendar days notify the city council and the chairperson of the board of election commissioners of the vacancy. Within five calendar days after notification, the chairperson of the board of election commissioners or a designee shall certify, in writing, to the city clerk that the defeated candidate for the office of councilor-at-large with the next highest number of votes at the regular municipal election at which councilors-at-large were elected for the term in which the vacancy occurs shall serve as councilor-at-large. If the person is eligible and willing to serve, the city clerk shall administer the oath of office to the person within 15 calendar days after certification and the person shall serve for the remainder of the unexpired term. If the person who is eligible declines the office, is not eligible and willing to serve or fails to take the oath of office within the time period set forth in this section, then the person with the next highest number of votes at the election who is eligible and willing to serve shall fill the remainder of the unexpired term in the manner set forth in this section. If there is no defeated candidate eligible and willing to serve who has taken the oath of office and the vacancy occurs more than 180 days prior to any regular municipal election, the city council shall immediately order a special election to fill the vacancy for the remainder of the unexpired term. If the full number of members in the office of councilor elected by ward has not been elected or if a vacancy occurs in the office of councilor elected by ward for any cause more than 180 days prior to any regular municipal election, the city council shall immediately order a special election to fill the vacancy for the remainder of the unexpired term. If a vacancy occurs 180 days or less prior to any regular municipal election in the office of councilor-at-large, for which there is no defeated candidate eligible and willing to serve and who has taken the oath of office, or in the office of councilor elected by ward for any cause then the person elected at the next regular municipal election for the office shall fill the vacancy for the remainder of the unexpired term and the city clerk shall administer the oath of office to the person at the next meeting of the city council.
General meetings of the citizens qualified to vote may from time to time be
held, according to the right secured by the constitution of the Commonwealth,
and all such meetings may, and upon the request in writing of fifty qualified
voters setting forth the purposes thereof, shall be called by the city council.
The city council shall be composed of eleven members, to be elected as follows:
four councilors at large shall biennially be elected by the qualified voters of
the city at large, voting in their respective wards, and one councilor shall at
the same time be elected by and from the qualified voters of each ward.
The members of the city council shall hold office for the two municipal years
next following their election, or, if elected after the regular municipal
election, for the remainder of the two municipal years, following such regular
municipal election and until a majority of the new council shall be elected and
qualified in their stead.
The city council shall make rules for its proceedings.
A majority of the members of the board shall constitute a quorum for the
transaction of business.
The city council may, by a 2/3 vote of all its members taken by a call of the
yeas and nays, establish a salary for its members. Such salary may be reduced
at any time by a similar vote.
The mayor-elect and councilors-elect shall on the first Monday of January
following the regular municipal election, meet and be sworn to the faithful
performance of their duties. The oath shall be administered by the city clerk,
or by any justice of the peace, and shall be duly certified on the journal of
the city council. At any time thereafter the oath may be administered to the
mayor-elect or to any councilors-elect who was absent or who was not then
elected.
On the first Monday of January in each year the city council shall meet and
elect a president and a vice-president who shall hold office during the
municipal year. The mayor, or in his absence the oldest in age of the members
present, shall call the city council together, and shall preside until a
president is elected, who shall thereafter preside over the board. The
vice-president shall preside in the absence of the president. At any meeting of
the board, in the absence of the president and vice-president, the oldest in
age of the members present shall preside until a president pro-tempore is
elected. The city clerk shall be clerk of the city council.
Any ordinance, order or resolution of the city council may be passed through
all its stages of legislation at one session; provided that no member of said
council objects thereto; but if one or more members object, the measure shall
be postponed for that meeting; and if when it is next brought up three or more
members object to its passage at that meeting, a second postponement of at
least one week shall take place.
Every ordinance, order, resolution or vote of the city council, except such as
relates to its own internal affairs, shall be presented to the mayor. If he
approves thereof, he shall signify his approval by signing the same; but if not
he shall return the same with his objections to the city council, which shall
enter the objections of the mayor at length upon its records and proceed to
reconsider said ordinance, order, resolution or vote, and if after such
reconsideration two-thirds of all the members of the board vote to pass the
same it shall be in force. In all such cases the vote shall be taken by yeas
and nays. If such ordinance, order, resolution or vote shall not be returned
within ten days after it has been presented to the mayor the same shall be in
force. He may except from his approval of any ordinance, order, resolution or
vote which he has the power to veto any part involving a distinct item of
appropriation of expenditure, and in such case only the part so excepted shall
be reconsidered in the manner and with the effect above provided. The veto
power of the mayor shall not extend to elections.
On or before the thirtieth day of April in each year the city council shall
appropriate the amount necessary to meet the expenditures of the city for the
current municipal year, and to provide the ways and means for raising the same.
It shall take care that no money be paid from the treasury unless the same is
granted or appropriated, and shall require bonds with sufficient penalties and
sureties from all persons entrusted with the receipt, custody and disbursement
of money. All votes of city council making appropriations of money shall show
the specific objects for which the appropriations are made.
An elected official who has been convicted of a state or federal felony shall,
upon final conviction, be deemed to have vacated that office and shall be
disqualified from serving the remainder of the term.
The executive powers of the city
shall be vested solely in the mayor, and may be exercised by him either
personally or through the several officers and boards in their respective
departments, under his general supervision and control.
In case of a vacancy in
any office to which appointment is made by the mayor he may personally perform
the duties thereof, but he shall not be entitled to receive any salary or pay
attached thereto.
The mayor shall hold
office for the two municipal years beginning with the first Monday in January
following his election, unless sooner removed, and until his successor is
elected and qualified; provided, that if elected to fill an existing vacancy,
he shall hold office only for the remainder of the unexpired term.
The mayor may
appoint, subject to confirmation by the city council, the following officers
and boards;
provided,
however, that under section 46D of this charter, administrative orders may
replace or modify the titles or assign the functions to any other city agency,
unless otherwise provided, for 1 year and until the appointment and
qualification of a successor:
The mayor may at any time appoint a suitable person or persons to examine,
without notice, the books and accounts of any department, officer, or employee
of the city.
The mayor may in writing suspend any executive officer, and he shall at once
report his action and his reason therefor to the city council. The suspension
of any such officer shall, unless previously revoked by the mayor, be a removal
at the expiration of fifteen days after said report is made, unless within that
time such officer asks for a hearing before the council, which hearing shall
forthwith be granted. If within one week after the conclusion of such hearing
the council, by two-thirds vote, shall set aside the suspension, the officer
shall thereby be reinstated; otherwise the suspension shall constitute a final
dismissal from office.
The mayor shall
communicate to the city council such information and shall recommend such
measures as in his judgment the interests of the city require.
He may at any time
call a special meeting of the city council, upon such notification as he may
deem sufficient,
and other special meetings of said
council may be called at such times and in such manner as may be prescribed
by the rules of said council.
The mayor shall
cause the laws, ordinances and orders for the government of the city to be
enforced, and shall cause a record of all his official acts to be kept,
and for that purpose and to aid
him in his official duties he may appoint a secretary and define his duties;
and, subject to the approval of the city council, shall fix the salary of the
secretary.
No increase in the
salary of the mayor shall take effect in the calendar year in which it is
voted.
The mayor shall have the sole power to sign, seal, execute and deliver in
behalf of the city, deeds and leases of land sold or leased by the city, and
other deeds, agreements, contracts, leases, indentures and assurances on behalf
of the city.
In case of the inability of the mayor to perform the duties of the office, the
president of the city council shall, until such inability is removed, but in no
case for a period of time longer than 10 days, exercise the powers and perform
the duties of mayor, under the style of acting mayor; provided, however, that
the president of the city council acting as mayor shall not, unless authorized
in a special instance by the city council, and then only in case of exigency
requiring an immediate appointment or removal, make any permanent appointment
or removal. In case of the inability of the mayor to perform the duties of the
office for longer than 10 days, but prior to a vacancy occurring under section
7 of this charter, the acting mayor shall be elected by the city council from
amongst its membership by a majority vote of all its members. An acting mayor
chosen by majority vote of the city council shall have power to approve or
disapprove an ordinance, order, resolution or vote of the city council and
then, only in case of exigency requiring an immediate appointment or removal,
make a permanent appointment or removal. In case of such inability on the part
of the president of the city council to serve as acting mayor for the initial
period of 10 days, the powers and duties shall devolve upon the vice-president
of the council, and in case of such inability on the part of both the president
and vice-president such powers and duties shall devolve upon the president pro
tempore of the council.
The school committee shall
exercise the powers conferred and discharge the duties imposed by law upon
school committees.
The committee shall
consist of the mayor and the president of the city council, ex officials [ex
officio], neither of whom shall serve as chairman, and seven other members,
elected as follows; one member shall be elected by and from the voters of each
ward at each regular municipal election
to serve for the term of
two years next following.
If a vacancy in the office of
school committeeman shall occur one year or more prior to any regular municipal
election, the city council shall forthwith order a special election, and the
same proceedings shall be had in all respects as are hereinbefore provided for
the election of such school committeeman. But, if the vacancy in the office of
school committeeman shall occur less than one year prior to any regular
municipal election, it shall be filled for the remainder of the term by ballot
of the remaining members of the school committee, the member so elected to be a
qualified voter of the ward in the representation of which on said committee
the vacancy exists.
The school committee shall meet on the first Monday of January in each year and
organize by the election by ballot of one of its members as chairman. The
oldest in age of the members present shall preside at all meetings until a
chairman is elected.
The school committee shall make
rules for its proceedings. A majority of all the members of the committee shall
constitute a quorum for the transaction of business.
The committee shall annually
appoint a superintendent of schools, who shall also be its secretary but shall
not be a member of the school committee.
The city clerk shall have charge of all journals, records and documents of the
city council, and attest all warrants. He shall be clerk of the city council,
and shall keep a journal of all votes and proceedings. He shall perform such
other duties as may be prescribed by the city council and he shall perform all
the duties and exercise all the powers assigned by law to city clerks or town
clerks, so far as such laws can apply to said city. In his absence a clerk of
the city council pro tempore shall be chosen, who shall be sworn to the
faithful performance of his duties.
The city treasurer and collector of taxes shall collect all moneys due the
city. He shall have the custody of and pay out all moneys, and cause an
accurate account of the same to be kept in proper bookkeeping form, and shall
perform such other duties as the ordinances prescribe; he shall also perform
all the duties and exercise all the powers assigned by law to city treasurers
and collectors of taxes or town treasurers and collectors of taxes, so far as
such laws can apply to said city.
The city auditor shall perform such duties as the ordinances prescribe.
The city attorney shall perform such duties as the ordinances prescribe.
Notwithstanding any election of assessors having occurred in November of nineteen hundred and eighty-one and in November of nineteen hundred and eighty-three, section one of this Act [subsections (a)—(j)] shall operate to dissolve the currently elected board of assessors and their terms of office and powers shall terminate on the sixtieth day after the effective date of this Act. The first term of each assessor appointed pursuant to section one of this Act [paragraph (a)] shall be as follows:
As soon after the organization of the government as practicable
the mayor shall
appoint, subject to confirmation by the city council, three persons, who shall
constitute the board of health,
to serve, two for one year, and one for two
years, and each year thereafter one to serve for the term of one year, and one
for the term of two years. Vacancies occurring in the board may be filled in
the same manner, but only for the unexpired term. At least one member of the
board shall be a doctor of medicine. Said board may make rules not inconsistent
with law, to govern the action of said inspectors. The board of health shall
perform such duties as are prescribed by law and ordinance.
The board of trustees of the public library shall consist of nine members, to
be appointed by the mayor, subject to confirmation by the city council. As soon
after the organization of the city government under this Charter as may be
convenient, the mayor shall appoint three trustees to serve for the term of one
year, three for the term of two years, and three for the term of three years,
and each year thereafter the mayor shall appoint three trustees to serve for
the term of three years. Vacancies occurring in the board may be filled in the
same manner, but only for the unexpired term. Said trustees shall have the care
and management of the public library.
There shall be a department of public works which shall be under the direction
and control of the commissioner of public works.
The commissioner of public works shall have the direction and control of the
construction, alteration, repair, maintenance and management of ways, streets,
sidewalks and bridges; he shall have the powers and discharge the duties of
surveyors of highways, the construction, alteration, repair and care of main
drains and common sewers; the care, superintendence and management of public
grounds and parks, including cemeteries; he shall make and have the custody of
all plans, surveys, measurements and levels appertaining the public ways,
drains, sewers, water works or lands; he shall have charge of the construction,
alteration, repair, maintenance and care of public buildings except school
buildings; he shall have charge, so far as the rights of the city extend, of
fire alarm and police signal systems and of trolley wires, of all gas pipes and
street lighting; he shall have charge of the construction, extension,
alteration, repair, care and management of the water works; and shall perform
such other duties as the city council may direct.
The mayor shall, subject to the approval of the city council, appoint a
commissioner of public works who may also be the city engineer of said city,
and shall hold office during the term of the mayor and until his successor is
appointed.
There shall be within the department of public works the following divisions:
Existing divisions may be eliminated or new divisions created as may be considered necessary by the mayor with the approval of the city council. Each division of the department of public works shall have the management and control of those duties as may be determined by the commissioner of public works or by the city council. There shall be a superintendent of the division of highways, electric lights and lines; a city engineer; a superintendent of the division of waterworks; a superintendent of the division of buildings and grounds; and a supervisor of school facilities and energy conservation. The city engineer and the superintendents of the various divisions shall have charge of their respective divisions under the direction of the commissioner of public works. The mayor shall annually appoint, subject to the confirmation of the city council, a superintendent of the division of highways, electric lights and lines; a city engineer who may also be the commissioner of public works; a superintendent of waterworks; an operations manager of waterworks; a 311 director; a superintendent of the division of buildings and grounds; and a supervisor of school facilities and energy conservation.
The commissioner of public works may require that no person or corporation,
other than an officer or agent of the city, authorized by the city council to
dig up any public street or sidewalk in said city shall begin such digging
before furnishing to said commissioner security satisfactory to him to restore
such street or sidewalk to its former condition.
The purchasing agent shall, subject to section 46A and the General Laws, make
all purchases for the respective departments.
The mayor shall appoint, employ, and discharge, at pleasure, all subordinate
officers, clerks assistants and laborers in their respective departments, and
shall have the immediate direction and control of all executive and
administrative business therein. They shall at all times be accountable to the
mayor for the proper discharge of their duties.
All officers required by this Act or by General Law to be appointed by the
mayor or by the mayor and councilors shall be appointed as soon as practicable
after the mayor and a majority of the councilors have been qualified and shall,
unless sooner removed, hold their respective offices for the length of time
prescribed by law, or the portion thereof then remaining, beginning on the
first Monday in January of the year in which they are respectively appointed
and until their respective successors are appointed and qualified. This section
shall not apply to the appointment of election officers.
The heads of departments and all other officers and boards whose duties involve
the expenditure of public money shall annually in the month of January or
February, present to the mayor an itemized estimate of the money required for
their respective departments or offices during the current financial year, who
shall examine and submit the same, with his recommendation for appropriations,
to the city council during the month of February or March.
All contracts made by a department, board or commission of the city shall
comply with section 17 of chapter 30B of the General Laws. A contract required
to be in writing shall not be deemed executed until signed by the mayor and the
head of the department, board or commission making the contract. When contracts
are required to be in writing under said section 17 of said chapter 30B,
contracts for supplies, services and construction may be subject to additional
signature requirements under applicable city ordinances. All contracts may be
required to be accompanied by a bond with sureties, a deposit of money,
certified check or other security for the faithful performance thereof,
satisfactory to the procurement officer, department head or commission. Said
security shall be deposited with the city treasurer. No such contract shall be
altered except by written agreement of the contractor, the procurement officer
or department head making the contract, with the approval of the mayor affixed
thereto.
No contract or order for the performance of labor or for the purchase of
apparatus, supplies or materials except in cases of special emergency involving
the health or safety of the people or their property, shall be awarded by the
city unless and until the city auditor has certified on said contract or order
that there is an unencumbered balance in the appropriation chargeable therefore
sufficient to cover the cost of said labor, apparatus, supplies or materials,
as the case may be.
Administrative orders shall be accompanied by a message from the mayor that explains the benefits expected and advises the city council if the administrative order shall require amendments, insertions, revisions, repeal or otherwise of existing ordinances. When the mayor proposes an administrative order, the city council shall hold 1 or more public hearings on the proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the proposal and the time and place at which the public hearing will be held, not less than 7 nor more than 14 days following said publication. An organization or reorganization plan shall become effective upon a 2/3 vote of the city council to approve the plan. The city council may vote only to approve or to disapprove the plan and may not vote to amend or alter it.
Every administrative board, through its chairman, and every officer having
charge of a department, shall, at the request of the city council, appear
before it and give such information as it may require in relation to any
matter, act or thing connected with the discharge of the duties of such board
or officer; and when so requested to appear, the officer who appears shall have
the right to speak upon all matters then under consideration relating to his
department.
No sum appropriated for a specific purpose shall be expended for any other
purpose unless by authority of the city council first obtained; and no
expenditure shall be made and no liability incurred by or in behalf of the city
until the city council has duly voted an appropriation sufficient to meet such
expenditure or liability, except that after the expiration of the financial
year and before the making of the regular annual appropriations liabilities
payable out of a regular annual appropriation may be incurred or payments made
to an amount not exceeding one-fourth of the total appropriation made for
similar purposes in the preceding year.
Every person who is elected and every person who is appointed by the mayor or
by the mayor and city council to an office shall receive a certificate of such
election or appointment from the city clerk, and except as otherwise provided
by law, before performing any act under his election or appointment, shall take
and subscribe an oath qualifying him to enter upon his duties. A record of such
oath shall be made by the city clerk. Any oath required by this act may be
administered by the mayor, the city clerk, or any officer authorized by law to
administer oaths.
The existing ordinances and regulations of the City of Somerville, so far as
they are not inconsistent with this Act, shall continue in force until amended
or repealed.
Nothing in this charter shall be construed to affect the enforcement of chapter
31 of the General Laws in the city of Somerville.
All acts and parts of acts inconsistent with this Act are hereby repealed, but
the passage of this Act shall not affect any right accruing or accrued, or any
suit, prosecution or other legal proceeding pending at the time when it shall
take effect by acceptance, as herein provided, and no penalty or forfeiture
previously incurred shall be affected thereby. No act which has been repealed
shall be revived by the repeal of acts mentioned in this section.
This Act shall be submitted to the qualified male voters of
the City of Somerville for acceptance at a special election to be called by the
city council and held on the fourth Tuesday of September, in the year eighteen
hundred and ninety-nine. The vote shall be taken by ballot in answer to the
following question: "Shall an act passed by the General Court in the year
eighteen hundred and ninety-nine, entitled 'An Act to Revise the Charter of the
City of Somerville', be accepted?"
Where provisions of the Somerville charter conflict with city ordinances, rules, regulations, orders or special acts or acceptances of laws, the charter shall govern. All city ordinances, rules, regulations, orders and special acts not superseded by this act shall remain in force. All agencies of the city of Somerville shall continue to perform their duties until re-elected, reappointed or until successors to their respective positions are duly appointed or elected or until their duties have been transferred and assumed by another city agency.
There shall be a zoning board of appeals in the city of Somerville with all the
powers and duties under section 12 of chapter 40A of the General Laws.
The City of Somerville may by ordinance provide for the appointment by the
mayor, subject to confirmation by the councilors, of
associate members of the
board of appeals established in relation to the zoning ordinances and general
building ordinances
of said city under chapter 40A of the General Laws. In case
of a vacancy, inability to act or interest on the part of a member of the board
of appeals his place shall be taken by an associate member.
This Act shall take effect upon its acceptance, during the current year, by
vote of the city council of said city, subject to the provisions of its
Charter, otherwise it shall not take effect; but, for the purpose of such
acceptance, it shall take effect upon its passage.
The City of Somerville may by ordinance establish a licensing commission and
from time to time place in charge of and withdraw from said commission the
issuing of such of the licenses, now or hereafter authorized by law to be
issued by its city council, as the city may by ordinance determine. Said
commission shall have all the powers conferred by the statutes of the
Commonwealth upon the city council and the mayor in relation to such licenses
as may be placed in its charge and the regulation of the subject matters
thereof. The members of said commission shall be appointed by the mayor,
subject to confirmation by the city council, and shall receive such
compensation, if any, as the mayor and city council may determine. The powers
and duties of licensing boards, mentioned in Section four of Chapter one
hundred and thirty-eight of the General Laws, shall vest in said commission.
Notwithstanding any general or special law to the contrary, the licensing
commission of the city of Somerville shall consist of 3 persons who shall be
appointed without regard to political affiliation.
There shall be a board of election commissioners in the city of Somerville. The
board shall consist of 4 persons, 2 of whom shall always represent each of the
2 leading political parties, as defined in section 1 of chapter 50 of the
General Laws. They shall receive such compensation as the mayor and city
council determine.
The members of the board of election commissioners shall serve until the
expiration of their respective terms and until their successors are qualified.
As the terms of the several election commissioners expire, and in case a
vacancy occurs in said board, the mayor shall, subject to the approval by the
city council, so appoint their successors that the members of the board shall
equally represent the two leading political parties as defined as aforesaid.
Such appointments shall be for terms of three years beginning April first,
except that any appointments to fill a vacancy shall be for the unexpired term.
The board shall organize annually in the month of April by the choice of a
chairman and a secretary. In case the members are unable to agree upon a
chairman and a secretary, such officers shall be designated by the mayor. 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.
The board of election commissioners shall oversee the conduct of elections
under state laws and regulations and this charter, except for the power and
duty of fixing the days, hours and places for holding municipal elections.
The mayor may appoint assistant election commissioners and such other
assistants as the mayor deems necessary, who shall at all times equally
represent the 2 leading political parties as defined in section 1 of chapter 50
of the General Laws.
The board of election commissioners shall, after the first day of January in
each year, prepare an annual register containing the names of all qualified
voters in said city for the current year, beginning with the first day of
January. The names shall be arranged by precincts and, opposite the name of
each voter, shall be entered his residence on the preceding first day of
January or on any subsequent day when he became a resident of said city. The
board of election commissioners shall enter in the annual register every name
contained in the lists, for the current year, of persons listed by the listing
board, giving, as the residence of each person on the first day of January, the
place at which he was listed by said board; provided, that in every case they
are able to identify the name so listed as that of a person whose name was
borne on the voting list of said city at the last preceding election. They
shall make all inquiries and investigations necessary to identify such person,
and they shall not enter in the annual register the name of a person objected
to by any of the election commissioners, until such person has been duly
notified and been given an opportunity to be heard by them, and shall have
appeared and satisfied them of his right to have his name so entered. They
shall forthwith enter in the annual register the name of every person whose
qualifications as a voter have been determined by them in the current year and
whose name has accordingly been entered in the general register. They shall, on
or before the first Monday of August in each year, send notice in writing by
mail to each voter of the preceding year whose name has not been entered in the
annual register of the current year that his name has not been so entered.
Chapter 400 of the Acts of 2012 has superseded Article V, sections 1—13, of
this Charter Appendix, Division 2.
On the third Tuesday preceding every regular or special municipal election in
the City of Somerville at which any elective municipal office is to be filled,
there shall be held, except as otherwise provided in section ten, (section 14
of this article) a preliminary election for the purpose of nominating
candidates therefor. The polls at every such election shall be open during such
hours, not less than nine, as may be designated by the city council, and the
General Laws relative to municipal elections shall apply thereto, except as is
otherwise specifically provided in this Act.
Except as is otherwise provided, there shall not be printed on the official
ballot to be used at any regular or special municipal election in said city the
name of any person as a candidate for any office unless such person has been
nominated as such at a preliminary election for nomination There shall not be
printed on the official ballot for use at such preliminary election the name of
any candidate for nomination at such election unless he shall have submitted,
within the time limited and as provided by section three, the nomination paper
therein described.
Any person who is qualified
to vote at any regular or special election for a candidate for any elective
municipal office in said city, and who is a candidate for nomination thereto,
shall be entitled to have his name as such candidate printed on the official
ballot to be used at a preliminary election for nomination therefor; provided,
that if he is a candidate to be voted for in a single ward he is a registered
voter in the ward wherein he is a candidate;
and provided, further, that on
or before five o'clock in the afternoon of the eighth Tuesday preceding such
regular or special municipal election there shall be submitted to the board of
election commissioners, hereinafter called the board, a nomination paper
prepared and issued by the board, wherein the candidate sets forth in writing
his candidacy, and wherein the petition is signed by voters of the city
qualified to vote for a candidate for said office to the number of at least two
hundred and fifty for the office of mayor, one hundred and fifty for the office
of councilors at large and one hundred for the office of ward councilor and of
member of the school committee, whose signatures are certified as hereinafter
provided.
Said nomination papers shall be in substantially the following form: COMMONWEALTH OF MASSACHUSETTS CITY OF SOMERVILLE NOMINATION PAPER STATEMENT OF CANDIDATE I (_______), on oath declare that I am a citizen of the United States of America, that I have resided in the City of Somerville for at least six months, that my present residence is (number, if any) on (name of street) and ward in said city, that I am a voter therein, qualified to vote for a candidate for the office hereinafter mentioned; that I am a candidate for the office of (name of office) for (state the term) to be voted for at the preliminary election to be held on Tuesday, the day of _______, two thousand and ___, and I request that my name be printed as such candidate on the official ballot for use at said preliminary election. (Signed) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss/ Subscribed and sworn to on this _______ day of _______, two thousand and ___, before me, (Signed) Justice of the Peace (or Notary Public) Whereas (name of candidate) is a candidate for nomination for the office of (state the office) for (state the term), we, the undersigned, voters of the City of Somerville duly qualified to vote for a candidate for said office, do hereby request that the name of said (name of candidate) as a candidate for nomination for said office be printed on the official ballot to be used at the preliminary election to be held on Tuesday, the _______, day of _______, two thousand and ___. We further state that we believe him to be of good moral character and qualified to perform the duties of the office.
No acceptance by the candidate for nomination named in the said nomination
paper shall be necessary to its validity or its filing. The petition, which may
be on one or more papers, need not be sworn to.
After any such nomination paper has been submitted to the board, it shall
certify thereon the number of signatures which are the names of registered
voters in said city qualified to sign the same. All such papers found not to
contain a number of names so certified equivalent to the number required to
make a nomination shall be invalid, and such papers shall be preserved by the
board for one year. The board shall complete their certification on or before
five o'clock in the afternoon of the seventh Tuesday preceding such regular or
special municipal election, and the board, or some member thereof, shall file
in their office on or before five o'clock in the afternoon of the next day all
papers not found to be invalid as aforesaid.
On the first day, other than a legal holiday, following the expiration of the time for filing the above described nomination papers, the board shall post in a conspicuous place in their office the names and residences of the candidates for nomination who have duly qualified as such, as they are to appear on the official ballots to be used at the preliminary election, except as to the order of the names, which shall be drawn by lot by the chairman of the board within seven days succeeding five o'clock in the afternoon of the last day fixed for the filing of objections to nomination papers, and the board shall cause the ballots, which shall contain said names in their order as so drawn, and no others, with a designation of residence, and of the office and term of office, to be printed, and the ballots so printed shall be official and no others shall be used at the preliminary election. At any drawing for position on the ballot, each candidate shall have an opportunity to be present in person or by one representative. There shall be left at the end of the list of candidates for nomination for each office blank spaces equal in number to the number of persons to be nominated therefor, in which spaces the voter may insert the name of any person not printed on the ballot for whom he desires to vote for nomination for such office, but the name of such person shall not be printed on the official ballot to be voted for at any regular or special municipal election in said city unless such person is qualified to be nominated under the provisions of section three (sections 3 through 6 of this article). There shall be printed on such ballots such directions as aid the voter, as for example: "vote for one", "vote for two", and the like, and the ballot shall be headed substantially as follows: OFFICIAL PRELIMINARY BALLOT Candidates for nomination for the offices of (name of offices) in the City of Somerville at a preliminary election to be held on the _______ day of _______, in the year two thousand and ___. On the back and outside of each ballot when folded shall be printed the words "Official Ballot for Preliminary Election", followed by the designation of the ward, for which the ballot is prepared, the date of the preliminary election and a facsimile of the signatures of the members of the board.
No ballot used at any preliminary election in said city shall have printed
thereon any party or political designation or mark, and there shall not be
appended to the name of any candidate any such party or political designation
or mark, or anything showing how he was nominated or indicating his view or
opinions.
The preliminary elections and the regular municipal elections shall be held by
wards and the city council shall designate on or before the eighth Tuesday
preceding a regular municipal election or on or before the fourth Tuesday
preceding a special municipal election, the polling places where the
preliminary election and the regular municipal elections shall be held. The
regularly appointed election officers shall serve at both the preliminary
elections and the regular municipal elections.
The election officers shall, immediately upon the closing of the polls at
preliminary election, count the ballots and ascertain the number of votes cast
in the several voting places for each candidate, and forthwith make return
thereof upon blanks to be furnished, as in regular elections, to the board, who
shall canvass said returns and shall forthwith determine the result thereof,
insert the same in a newspaper published in said city and post the same in a
conspicuous place in his [the board's] office.
The two persons receiving at a preliminary election the highest number of votes
for nomination for any office, except one to which two or more persons are to
be elected at the regular or special election following, and, as to each of
such offices, 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, except as provided by section ten, (section
14 of this article) be the sole candidates for that office whose names may be
printed on the official ballot to be used at the regular or special election at
which such office is to be filled.
If the preliminary election results in a tie vote among candidates for
nomination to any office receiving the lowest number of votes, which, but for
said tie vote, would entitle a person receiving the same to have his name
printed upon the official ballot for the election, all candidates participating
in said tie vote shall have their names printed upon the official ballot,
although in consequence there be printed thereon the names of candidates to a
number exceeding twice the number to be elected.
If at the expiration of the time for filing nomination papers for candidates to
be voted for at any preliminary election there have not been filed more than
twice as many such nomination papers, for an office as there are persons to be
elected to such office, the candidates whose nomination papers have thus been
filed shall be deemed to have been nominated to said office, and their names
shall be printed on the official ballot to be used at the regular or special
election following, and the board shall not print said names upon the ballot to
be used at said preliminary election, and no other nomination to said office
shall be made. If in consequence it shall appear that no names are to be
printed upon the official ballot to be used at any preliminary election in any
ward or wards of said city, no preliminary election shall be held in any such
ward or wards.
Preliminary elections in said city shall be subject to all General Laws
relative to elections, so far as the same are applicable thereto, except as
otherwise expressly provided in this Act.
So much of Chapter two hundred and forty of the Acts of eighteen hundred and
ninety-nine, (the revised Charter) and acts in amendment thereof and in
addition thereto, as is inconsistent herewith is hereby repealed.
There is hereby established in the City of Somerville, hereinafter referred to
as the city, a traffic commission, consisting of the commissioner of public
works, the chief of police or his designee, the chief engineer of the fire
department or his designee, the chairman of the committee on traffic and
parking of the city council and one member of the general public of the city
appointed by the mayor and confirmed by the city council. The member appointed
by the mayor shall serve for a term coterminous with the mayor, or until the
qualification of a successor.
The commissioner of public works shall be chairman of the traffic commission.
The members of the traffic commission shall receive no compensation for their
services as commissioner, but shall be reimbursed by the city for any expenses
actually and necessarily incurred in the performance of their duties.
Meetings of the traffic commission shall be held on the third Tuesday of each
month unless sooner necessitated for reasons of public safety, welfare or
convenience, in which case a meeting may be called on motion of the chairman.
Notice of meetings shall be posted according to the provisions of section
twenty-three B of chapter thirty-nine of the General Laws and shall be sent to
all commission members, the mayor, the city council and the planning director.
All of said persons may attend commission meetings and present their views, but
only commission members may vote.
Upon recommendation of the traffic commission the mayor, with the approval of
the city council shall have the authority to create the position of director of
traffic and parking and subordinate staff positions including parking control
officers. The mayor shall, with the approval of the city council, make
appointments to such positions and shall fix their compensation.
A member of the traffic department staff shall be a traffic engineer,
possessing the qualifications required for associate or full membership in the
Institute of Traffic Engineers. The position of traffic engineer shall not be
subject to chapter 31 of the General Laws. The traffic director shall be
appointed and may be removed in the same manner set forth for the suspension
and removal of officers confirmed by the city council.
to be appointed as follows: one by the mayor for a term of one year,
one by majority vote of the city council for a term of two years and one by
vote of the first two members for a term of three years; provided, however,
that if, after thirty days from the appointment of the first two members the
third member has not been agreed to, such member shall be appointed by the
mayor, subject to confirmation by the city council. Upon the expiration of the
term of a member, his successor shall be appointed for a term of three years.
Members shall be eligible for reappointment. No person holding public office in
said city shall be eligible for appointment. A member shall not receive any
compensation for his services, but shall be reimbursed for all reasonable
expenses incurred by him in carrying out his duties. The chairman of the
traffic board shall be chosen by and from its membership.
The traffic board shall carry out the functions prescribed in clause (b) of
section three (section 8(b) of this article) and, in addition, shall be
available to the traffic commission for advice and consultation with respect to
all of its activities.
The traffic commission shall have exclusive authority, except as otherwise provided in this Act, to take any and all of the following actions, if it determines that such actions serve the public safety, welfare or convenience. Subject to the provisions of Section two of Chapter eighty-five of the General Laws:
Nothing in this Act shall be construed to authorize the traffic commission to adopt, alter or repeal any rule or regulation excluding the trackless trolley vehicles or buses of a street railway or bus company from any way or part thereof in which said company has a location; or to modify or limit any power or authority of the metropolitan district commission or the departments of public works or public utilities of the Commonwealth; or to modify or limit any power or authority of the mayor, city council or of any board or head of a department with reference to the issuance of licenses or permits for the opening, using or occupying of streets and sidewalks for reasons not relating to traffic.
The planning director, the chief of police, the chief engineer of the fire
department, the commissioner of public works, the city engineer, the city
electrician and city solicitor shall be available to the traffic commission to
advise on matters relating to their respective departments and shall be
responsible for putting into effect the rules and regulations adopted by the
traffic commission in so far as such rules and regulations relate to their
respective departments. The traffic commission shall cooperate with the
planning board and with such public carriers as may be authorized and licensed
to render service within the city, on matters relating to traffic planning, and
shall cooperate with the planning board on all matters that may relate to the
need for, location, construction, erection and maintenance of public parking
facilities or of private parking facilities for public use within the city.
When it is necessary to coordinate with federal, state or other local agencies
on matters of traffic movement and traffic planning, the traffic commission may
serve as liaison for the city.
All existing orders, ordinances, rules and regulations relating to the control
of vehicular traffic, including those relating to the parking of vehicles on
any streets, ways, highways, roads and parkways, under the control of the city,
shall remain in full force and effect until superseded by rules and regulations
adopted by the traffic commission pursuant to clause (a) of section three
(section 8(a) of this article), and the adoption thereof shall not effect any
act done, any right accrued, any penalty incurred or any suit, prosecution or
proceeding pending at the time of such adoption.
Notwithstanding section 21D of chapter 40 of the General Laws, a person who
desires to contest a violation of any ordinance of the city of Somerville
alleged in a notice to appear, pursuant to violations issued by the city in
accordance with said section 21D of said chapter 40 of the General Laws, shall
request, in writing, a hearing before
a municipal hearing officer, who shall be
appointed by the mayor, with the approval of the city council,
to conduct
requested hearings pursuant to this act. The notice to appear shall be in the
format required under said section 21D of said chapter 40, except that the
third copy of the notice shall be submitted to the municipal hearing officer.
The municipal hearing officer may be the same person appointed as municipal
hearing officer pursuant to chapter 148A of the General Laws.
Where a notice to appear is for 1 or more code violations, the person notified
to appear shall return the notice of violation by mail, personally or by an
authorized person to the municipal hearing officer and shall, within 21 days,
either: (a) pay, in full, the scheduled assessment by check, postal note or
money order; or (b) request a hearing before the municipal hearing officer. Any
amounts paid shall be payable to the city of Somerville. If the person notified
to appear requests, in a timely manner, a hearing before the municipal hearing
officer, the municipal hearing officer shall schedule a hearing not later than
45 days after receiving the hearing request. The municipal hearing officer
shall send a hearing notice to duly notify the person notified to appear of the
date, time and location of the hearing. Hearings shall be held at least twice
each month, in the evening. When a hearing notice is sent, the person notified
to appear shall be given an opportunity to request a rescheduled hearing date.
The municipal hearing officer, so designated, shall not be an employee or
officer of the department associated with the issuance of the notice of
violation. The municipal hearing officer shall receive annual training in the
conduct of administrative hearing procedure. The hearings and dispositions by
the municipal hearing officer shall be informal and the formal rules of
evidence shall not apply. In conducting the hearings, the municipal hearing
officer shall find whether the violation occurred and whether it was committed
by the person so notified to appear.
Any person aggrieved by a decision of the municipal hearing officer, after a
hearing, may appeal to the district court pursuant to section 21D of chapter 40
of the General Laws, on a form provided by the city, and shall be entitled to a
de novo hearing before a clerk magistrate of the court. The district court
shall consider such appeals under a civil, as opposed to a criminal, standard.
The aggrieved person shall file the appeal within 10 days after receiving
notice of the decision from the municipal hearing officer who conducted the
hearing.
Any person who has received a notice to appear issued in accordance with this
procedure who, within the prescribed time: fails to pay the scheduled
assessment; fails to request a hearing before the municipal hearing officer; or
fails to appear at the time and place of the hearing shall be found responsible
for the violations as stated in the notice to appear and such finding of
responsibility shall be considered prima facie evidence of a finding of
responsibility for the violation in any civil proceeding regarding said
violation and shall be admissible as evidence in a subsequent criminal
proceeding. A person who fails to appear at the scheduled hearing without good
cause shall have the appeal dismissed and shall waive any further right to
appeal. If the condition which caused the notice to appear to issue continues
to exist, the finding of responsibility may also be used by the city of
Somerville as prima facie evidence of the existence of a violation in any
proceeding to suspend or revoke any license, permit or certificate issued by
the city relative to the building, structure or premises pending the correction
of the condition.
All fines, penalties or assessments in actions under this act, shall be paid to
the general fund of the city of Somerville.
Chapter 258 of the acts of 1980 is hereby repealed.
The licensing commission of the city of Somerville may grant licenses for the sale of all alcoholic beverages and licenses for the sale of wines and malt beverages under section 12 of chapter 138 of the General Laws and the number of such licenses shall be calculated under section 17 of said chapter 138. The licensing commission may grant not more than 20 licenses for the sale of all alcoholic beverages under section 15 of said chapter 138 and not more than 9 licenses for the sale of wines and malt beverages under said section 15 of said chapter 138. The transfer of a license existing on the effective date of this act or the transfer of stock in a corporation which holds such a license shall be subject to a public hearing and notice of such hearing shall be advertised as provided in said chapter 138 and held at an appropriate time to afford interested citizens an opportunity to be present.
Notwithstanding section 17 of chapter 138 of the General Laws, the licensing commission of the city of Somerville may grant not more than 27 additional licenses for the sale of all alcoholic beverages to be drunk on the premises or for the sale of wines and malt beverages to be drunk on the premises under section 12 of said chapter 138, to premises within the Assembly Square district, bounded by the Mystic River, the Fellsway, route 28, interstate highway route 93 and the city of Somerville, city of Boston boundary line. The licenses shall be subject to all of said chapter 138, except said section 17. The licenses assigned to the Assembly Square district shall not be sold or transferred by the licensee. If a licensee terminates or fails to renew its license under this section, the license shall revert to the licensing commission, and shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, and shall only be granted to a new, qualified applicant doing business within the Assembly Square district; provided, however, that the new applicant shall file with the licensing commission a letter from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid. The licenses granted under this section shall be subject to all applicable ordinances of the city. The administrative fee charged by the city of Somerville for licenses granted under this section shall be the same as the administrative fee charged by the city for existing licenses granted for the respective category for such licenses. The licenses granted under this section shall be subject to all applicable ordinances of the city.
The administrative fee charged by the city of Somerville for a license granted
pursuant to sections 3 to 6 of chapter 142 of the Acts of 2016, inclusive,
shall be the same amount as the administrative fee charged by the city for
existing licenses granted for the respective category for such licenses. A
license granted pursuant to said sections 3 to 6, inclusive, shall be subject
to all applicable ordinances of the city.
Sections 1, 3, 4 and 7 of chapter 142 of the Acts of 2016 shall take effect
upon their passage.
Section 2 of chapter 142 of the Acts of 2016 shall take effect on January 1,
2019, or upon the issuance of all of the licenses authorized in section 3 of
chapter 381 of the Acts of 2012, whichever occurs first.
Section 5 of chapter 142 of the Acts of 2016 shall take effect on January 1,
2019, or upon the issuance of all of the licenses authorized in section 3 of
chapter 142 of the Acts of 2016, whichever occurs first.
Section 6 of chapter 142 of the Acts of 2016 shall take effect on January 1,
2019, or upon the issuance of all of the licenses authorized in section 4 of
chapter 142 of the Acts of 2016, whichever occurs first.
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