CITY OF TAUNTON CHARTER

[Pages:24]CITY OF TAUNTON CHARTER

Preamble

We, the people of Taunton, in order to ensure the rights and liberties of the people and to establish guiding principles for the operation of our local government, do adopt this Charter.

We envision and expect a local government that represents all individuals, supports vibrant neighborhoods, provides essential services, establishes quality schools, ensures safe and secure homes, celebrates diversity, supports local businesses, promotes community participation, and cares for those in need.

It is the intent of the people that this Charter will facilitate responsible management and use of public resources, enhance voter participation in an engaged citizenry, promote equality, inclusivity, and respect for all in the community, and secure ethical, transparent and responsive leadership.

Charter

HISTORY: Enacted by the Senate and House of Representatives in General Court assembled, Chapter ___ of the Acts of ______, Section ___, approved ____________.

Article 1 INCORPORATION; SHORT TITLE; DEFINITIONS.

SECTION 1-1 INCORPORATION. The inhabitants of the City of Taunton, within the territorial limits established by law, shall continue to be a municipal corporation, a body corporate and politic, under the name "City of Taunton".

SECTION 1-2 SHORT TITLE. This act shall be known and may be cited as the City of Taunton Charter.

SECTION 1-3 DIVISION OF POWERS. The administration of the fiscal, prudential and municipal affairs of the city, with the government thereof, shall be vested in an executive branch headed by a mayor and a legislative branch consisting of a municipal council. The legislative branch shall never exercise any executive power and the executive branch shall never exercise any legislative power.

SECTION 1-4 POWERS OF THE CITY. Subject only to express limitations on the exercise of any power or function by a municipal government in the Constitution or General Laws of the Commonwealth, it is the intention and the purpose of the voters of 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 such power were specifically and individually enumerated in this charter.

SECTION 1-5 CONSTRUCTION. The powers of the City of Taunton 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 sections 1 to 4, inclusive.

SECTION 1-6 INTER-GOVERNMENTAL RELATIONS. Subject only to express limitations in the Constitution or General Laws of the Commonwealth, 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 or with any tribal or sovereign governments or subdivisions thereof.

SECTION 1-7 DEFINITIONS. The following words shall have the following meanings unless the context requires otherwise:"Business day", any day on which Taunton city hall is open for the citizens of Taunton to conduct routine business. "Charter", this charter and any adopted amendments to it. "City", the City of Taunton. "City agency", a multiple-member body, department, division or office of the city. "Day" shall have its normal and ordinary meaning of a twenty-four hour period of time extending from 12:00 A.M. midnight and extending to 11:59 P.M. "Municipal council", the entire authorized complement of the municipal council, notwithstanding any vacancy that might exist. "City officer", when used without further qualification or description, a person having charge of an office or

department of the city who, in the exercise of the powers or duties of that position, exercises some portion of the sovereign power of the city. "Department Director", shall refer to the head or director or chief of any city department including the city solicitor and assistant city solicitors as well as the commissioner and supervisors of divisions of the department of public works. "Domicile", the place at which a person has been physically present and that the person regards as home; a person's true, fixed, principal, and permanent home. "Emergency", a sudden, unexpected and unforeseen happening, occurrence or condition that necessitates immediate action or response. "Majority vote", a majority of all members of the body including vacancies. "Measure", an ordinance, order, resolution or other vote or proceeding adopted, or that might be adopted, by the municipal council or the school committee. "Multiple-member body", any board, commission, committee, subcommittee or other body consisting of not less than 2 persons, whether elected, appointed or otherwise constituted; provided, however, that "multiplemember body" shall not include the municipal council or the school committee. "Quorum", a majority of all members of a multiple-member body unless some other number is required by law or by ordinance. "Voters", registered voters of the City of Taunton.

Article 2 EXECUTIVE BRANCH.

SECTION 2-1 MAYOR: QUALIFICATIONS; TERM OF OFFICE; PROHIBITIONS.

(a) Mayor, Qualifications. The chief executive officer of the city shall be a mayor who shall be elected by the voters of the city at large. Any voter shall be eligible to hold the office of mayor. If the mayor is no longer domiciled within the city, the office shall immediately be deemed vacant and filled in the manner provided in section 2-10. The mayor shall devote full time to the office and shall not hold any other elective public office.

(b) Term of Office. The term of office of the mayor shall be 4 years beginning on the first Monday of January following the city election where the mayor is chosen and shall continue until a successor is qualified, unless that day falls on a holiday, in which event, the term of office shall begin on the next day. No person shall be elected to more than three consecutive four-year terms to the office of mayor.

(c) Prohibitions. The mayor shall hold no other city office or city employment for which a salary or other emolument is payable from the city treasury. No former mayor shall hold any compensated appointed city office or city employment until 1 year following the date on which the former mayor's term of service as mayor has terminated. Nothing in this subsection shall prevent a city officer or employee who has vacated a position in order to serve as mayor from returning to the same office or position of city employment held at the time the position was vacated; provided, however, that no such person shall be eligible for any other municipal position until at least 1 year after the termination of service as mayor. Nothing in this subsection shall apply to persons covered under the leave of absence provisions of section 37 of chapter 31 of the General Laws.

SECTION 2-2 EXECUTIVE POWERS; ENFORCEMENT OF ORDINANCES. The executive powers of the city shall be vested solely in the mayor and may be exercised by the mayor personally or through the several city agencies under the general supervision and control of the office of the mayor. The mayor shall cause this charter, the laws, ordinances and other orders for the government of the city 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 have authority to singly approve payroll and vendor warrants. 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, immediately upon request, any information, materials or

otherwise as the mayor may request and as the needs of the office of mayor and the interest of the city may require. 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. To assist the mayor in performing official duties the mayor may employ assistants, fix their salaries, and determine their duties. The mayor may create additional positions by executive directive subject to appropriation by the municipal council. The mayor shall be responsible for the efficient and effective coordination of the activities of all agencies of the city and for this purpose may, consistent with law, call together for consultation, conference and discussion at reasonable times all persons serving the city, whether elected directly by the voters, chosen by persons elected directly by the voters or otherwise. The mayor shall be a member of every appointed multiple-member body of the city by virtue of the office. As an ex officio member, the mayor may attend any meeting of an appointed multiple-member body of the city at any time, including executive sessions, to participate in the discussions, make motions and exercise every other right of a regular member of such body except for the right to vote.

SECTION 2-3 APPOINTMENTS BY THE MAYOR AND DEPARTMENT DIRECTORS. The mayor shall appoint, subject only to the confirmation of such appointments by the municipal council under section 3-8, all city officers and department directors and the members of multiple-member bodies for whom no other method of appointment or selection is provided by this charter. All appointments to multiplemember bodies shall be in accordance with section 2-11. Upon the expiration of the term of a member of a multiple-member body, a successor shall be appointed in like manner. The mayor shall fill a vacancy for the remainder of the unexpired term of an appointed member of a multiple-member body. All persons classified as department directors including the city solicitor and assistant city solicitors as well as supervisors/directors of divisions of the department of public works shall assist in collective bargaining on behalf of the city and are not eligible to be in any union notwithstanding any collective bargaining agreement to the contrary, but shall receive standard employment contracts that shall be effective until the end of a specific fiscal year that shall be stated in each contract and each contract shall contain a for cause provision with respect to discipline and termination but reappointment shall be at the discretion of the mayor. Appointment of division directors of public works shall be made by the commissioner of public works subject to approval of the mayor; reappointment shall be at the discretion of the commissioner of public works subject to approval of the mayor. The mayor is not authorized to recognize department directors as a member of any collective bargaining unit or group and shall immediately withdraw any such recognition and shall issue individual contracts in accordance with this section. Department directors shall, subject to the consent of the mayor, appoint, promote and discipline all assistants, subordinates and other employees of the agency for which that person is responsible. All appointments and promotions made by the mayor shall be made on the basis of merit and 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 especially fitted by education, training and/or previous work experience to perform the duties of the office or position for which the person is chosen. All appointments made by the mayor within the last ninety days of the mayoral term, or the mayor otherwise vacating the office of mayor, shall be considered temporary appointments under section 2-5.

SECTION 2-4 REMOVAL OR SUSPENSION OF CERTAIN OFFICIALS.

(a) City Officers and Department Directors. The mayor may remove or suspend any city officer or the director of any city department appointed by the mayor subject to the employment contract in the following manner. The mayor shall deliver a written statement to the person as further specified in this section. In addition, the mayor shall forthwith report the mayor's action and the reasons therefore to the municipal council. The written statement shall set forth in precise detail the specific reasons for the removal or suspension. The written statement shall be delivered in hand or mailed by certified mail, postage prepaid, to the last known address of the city officer or department director, and may also be delivered by electronic mail. The city officer or department director may make a written reply by filing such a reply statement with the city clerk not more than ten business days after the date the statement of the mayor has been filed; provided, however, that this reply shall have no effect upon the removal or

suspension unless the mayor shall so determine. The decision of the mayor in suspending or removing a city officer or a department director shall be final and all authority and responsibility for such suspension or removal shall be vested solely in the mayor. (b) Other City Employees. Unless some other procedure is specified in a collective bargaining agreement or by civil service law, a department director may suspend or remove any assistant, subordinate or other employee of the agency for which the department director is responsible. The decision of the department director to suspend or remove any assistant, subordinate or other employee shall be subject to review by the mayor. A person for whom a department director has determined a suspension or removal is appropriate may seek review of such a determination by filing a petition for review, in writing, with the office of the mayor not more than 10 days following receipt of notice of the determination. The decision of the mayor shall be final and all authority and responsibility for suspension or removal shall be vested solely in the mayor. Nothing in this subsection shall be construed to prevent any other review as may be provided by law.

SECTION 2-5 TEMPORARY APPOINTMENTS TO CITY OFFICES. (a) If a temporary or permanent vacancy occurs in a city office and the needs of the city require that the

office be filled, the mayor may designate the director of another city agency, a city officer, a city employee or some other person to perform the duties of the office on a temporary basis until the position can be filled as otherwise provided by law or by this charter. If a person is designated 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 (designate office in which vacancy exists) on a temporary basis until the office can be filled by (here set out the regular procedure for filling the vacancy or when the regular officer shall return). I certify that said person is qualified to perform the duties that will be required and that I make this designation solely in the interests of the City of Taunton. (signed) Mayor

(b) A person serving as a temporary officer under this section shall have only those powers of the office essential to the performance of the duties of the office during the period of the temporary appointment. Notwithstanding any general or special law to the contrary, no temporary appointment shall be for more than 120 days; provided, however, that 1 extension of not more than 60 days of a temporary appointment may be made when a permanent vacancy exists in the office.

SECTION 2-6 COMMUNICATIONS; SPECIAL MEETINGS. (a) Communications to the Municipal Council. The mayor shall from time to time, by written

communication, recommend to the municipal council for its consideration such measures as, in the judgment of the mayor, the needs of the city require. (b) Special Meetings of the Municipal Council. The mayor may call a special meeting of the municipal council at any time and for any purpose by causing a notice of the meeting to be delivered in hand, via electronic mail, or by first class mail to each member of the municipal council. This notice shall, except in an emergency as determined by the mayor, be delivered not less than 48 hours before the time scheduled for the special meeting to be held, excluding Saturdays, Sundays and legal holidays, and shall specify any purpose for which the meeting is to be held. A copy of each notice shall be immediately posted in the customary manner for municipal council meetings.

SECTION 2-7 APPROVAL OF MAYOR; MAYOR'S VETO; MUNICIPAL COUNCIL'S VETO OVERRIDE. Every order, ordinance, resolution or vote adopted or passed by the municipal council relative to the affairs of the city, except memorial resolutions and any matters relating to the internal affairs of the municipal

council, shall be presented to the mayor for approval. If the mayor approves of a measure, the mayor shall sign it and thereupon it shall be in force. If the mayor disapproves of a measure, the mayor shall return the measure with the specific reasons for the disapproval attached to it, in writing, to the municipal council and the municipal council shall enter the objections of the mayor on its records. Measures may be reconsidered not less than 10 but not more than 30 days from the date of the measure's return. If the municipal council shall again pass the order, ordinance, resolution or vote by a 2/3 vote of the full council, it shall then take effect notwithstanding the objections of the mayor, but in all cases the veto override vote shall be by roll call vote. Items or parts of items that the mayor neither signs nor so disapproves within fifteen days after the order, ordinance, resolution or vote shall have been presented to the mayor shall be in force on and after the sixteenth day following such presentation.

SECTION 2-8 TEMPORARY ABSENCE OF THE MAYOR.

(a) Acting Mayor. If by reason of sickness, absence from the city or other cause the mayor shall be unable to perform the duties of the office, the president of the municipal council shall be the acting mayor.

(b) Powers of Acting Mayor. The acting mayor shall have only those powers of the mayor that are essential to the conduct of the business of the city in an orderly and efficient manner and on which action may not be delayed. The acting mayor may not request additional appropriation unless an emergency exists. The acting mayor shall not make any permanent appointment or removal from city service unless the disability of the mayor shall continue for more than 90 days nor shall an acting mayor approve or disapprove of any measure adopted by the municipal council unless the time within which the mayor must act would expire before the return of the mayor. The acting mayor may not overturn any vetoes of the mayor. During any period in which a councilor is serving as acting mayor, the councilor shall not vote as a member of the municipal council.

SECTION 2-9 DELEGATION OF AUTHORITY BY MAYOR. The mayor may authorize any subordinate officer or employee of the city to exercise any power or perform any function or duty that is assigned by this charter or otherwise to the mayor and the mayor may rescind or revoke any such authorization previously made; provided, however, that an act performed under any such delegation of authority during a period of authorization shall be and remain the act of the mayor. Nothing in this section shall authorize a mayor to delegate the mayor's powers and duties as a school committee member, the power of appointment to city office or employment or to sign or return measures approved by the municipal council.

SECTION 2-10 VACANCY IN OFFICE OF MAYOR.

(a) Special Election. If a vacancy occurs in the office of mayor during the first three years and six months of the term for which the mayor was elected, whether by reason of death, resignation, removal from office, incapacity or otherwise, the municipal council shall no later than 15 days, in the manner provided in section 5-1, order a special election to be held not more than 120 days following the date on which the vacancy was created to fill the vacancy for the balance of the then unexpired term. If a regular city election is to be held not more than 180 days following the date on which the vacancy was created, a special election shall not be held and the position shall be filled by vote at such regular election.

(b) President of Municipal Council to Serve as Interim Mayor. If a vacancy in the office of mayor occurs in the last six months of the term for which the mayor is elected, whether by reason of death, resignation, removal from office or otherwise, the president of the municipal council shall become the interim mayor so long as the president of the municipal council is able and willing to perform the full-time duties of mayor. If the president of the municipal council is unable or unwilling to serve as mayor, the vicepresident of the municipal council shall become the interim mayor so long as the vice-president of the municipal council is able and willing to perform the full-time duties of mayor. If the vice-president of the municipal council is unable or unwilling to serve as mayor, the municipal council shall elect from among its members the interim mayor. In the event that ten successive votes result in a tie, the candidate most junior in years of service shall be eliminated from consideration. In the event that multiple

candidates are equally junior in years of service, the candidate most junior in years of service and age shall be eliminated from consideration. Upon the qualification of the interim mayor under this section, a vacancy shall exist in that seat on the municipal council that shall be filled in the manner provided in section 3-9. A president or other councilor serving as interim mayor under this subsection shall not be entitled to have the words "candidate for re-election" printed with their name on the election ballot if they are seeking the office of mayor. (c) Powers, Term of Office. A person who assumes the office of mayor under a special election shall have all of the powers of the mayor and a person who assumes the office of interim mayor shall have only those powers of an acting mayor provided in section 2-8. A person elected under subsection (a) shall serve for the balance of the unexpired term at the time of election to the office. A person chosen under subsection (b) shall serve until the time of the next regular election at which time the person elected to fill the office for the ensuing term of office shall, in addition, serve for the balance of the then unexpired term.

SECTION 2-11 MERIT PRINCIPLE. All appointments and promotions of city officers, employees, and multiple member bodies shall be made on the basis of merit and fitness as demonstrated by examination, past performance or other evidence of competence and suitability.

SECTION 2-12 OATH OF OFFICE OF MAYOR. A mayor-elect, shall, on the first Monday in January, of each January following the mayoral November election, be sworn to the faithful discharge of the mayor's duties, unless that day falls on a holiday, in which event, the term of office shall begin on the next day. The oath may be administered to the mayor by the city clerk or by a judge of a court of record or by a justice of the peace. A certificate that any oath has been administered shall be entered in the journal of the municipal council. In the event the mayor-elect is unavailable to be sworn in as described, the oath may at any time thereafter be administered to the mayorelect. A certificate of oath administered shall be entered in the journal of the city clerk.

Article 3 LEGISLATIVE BRANCH.

SECTION 3-1 COMPOSITION, TERM OF OFFICE.

(a) Composition. There shall be a municipal council that shall exercise the legislative powers of the city. The municipal council shall consist of 9 members, all of whom shall be councilors-at-large who shall be nominated and elected by and from the voters at large.

(b) Term of Office. There will be annual elections for one-third of the councilors. The term of office for all councilors shall be 3 years, beginning by the second meeting of the municipal council in January in the year following their election and until their successors have been qualified. Initially, in order to facilitate staggered terms, there will be three one-year terms, three two-year terms, and three three-year terms, and each year thereafter the expiring three terms will be filled by election. Initially, the councilors who receive the most votes shall receive the initial three-year terms, then the two-year terms, then the one-year terms, in that order. In the event that multiple councilors receive the same number of votes, the councilor senior in years of service on the municipal council shall receive the said term. If two or more members are equally senior in years of service on the municipal council, the member senior both in years of service on the municipal council and age shall receive the said term. No person shall be elected to more than four consecutive three-year terms as a municipal councilor.

(c) Eligibility. Any voter shall be eligible to hold the office of councilor. A councilor shall, at the time of election, be a voter of the city; provided, however, that if a councilor is no longer domiciled within the city, the office shall immediately be deemed vacant and filled in the manner provided in section 3-9.

(d) Oath of Office of Municipal Council. The municipal council members-elect shall, by the second meeting

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