Charter of the city of North Adams : with amendments and additions to and including November 5, 1918. With list of special acts of the Legislature relating to the city, and acts and parts of acts of the Legislature accepted by the city ...

Front matter

CITY OF NORTH ADAMS

nt

With Amendments and Additions to and including November 5, 1918

Section 2. The administration of all the fiscal, Government to be 7 vested in mayor

prudential and municipal affairs of said city, with ^cd city council, the government thereof, shall, except the affairs of 1895’ 148 public schools, be vested in an executive depart¬ ment, which shall consist of one officer, to be called the mayor, and in a legislative department which shall consist of a single body, to be called the city council, the members whereof shall be called councilmen. The executive department shall never exer¬ cise any legislative power, and the legislative de¬ partment shall never exercise any executive power, except as herein otherwise provided.

Division of City into wards. 1895, 148.

Municipal elections and municipal year. Notice of meetings. S. 1918, 103, § 1.

Mayor, councilmen, etc., to be elect¬ ed by ballot. Two year term for mayor.

Vacancy in office of mayor.

Vacancies in council.

Section 3. The territory of said city shall first be divided into seven wards, as hereinafter pro¬ vided, but said number, upon any subsequent division of said city into new wards, may be increased by an affirmative vote of a majority of the members of the city council, passed previous to and in the year of such division.

TITLE 2. ELECTIONS AND MEETINGS.

Section 4. The municipal election shall take place annually on the second Tuesday of December, and the municipal year shall begin on the first Monday of January following. All meetings of the citizens for municipal purposes shall be called by notices issued by order of the city council.

Section 5. At such municipal election the quali¬ fied voters shall give in their votes by ballot in the several wards for councilmen, and for the members of the board of assessors, board of trustees of the public library, and of the school committee, then to be elected, and in the year nineteen hundred and eighteen and every two years thereafter, a mayor, and 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 the number required to be chosen receiving the highest number of votes shall be deemed and declared to be elected.

If it shall appear that 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 said office shall occur subsequently and more than six months previous to the expiration of his term of office, the city council shall forthwith cause notice to be issued for a new election, to fill such unexpired term, and the same proceedings shall be had in all respects as hereinbefore provided for the election of mayor, and shall be repeated until the election of a mayor is completed. If the full number of members of the city council has not been elected, or if a vacancy in the office of councilman shall occur subsequently and more than six months previous to the expiration of the municipal year, the council may forthwith elect some person or persons to fill the vacancy or vacancies until the next annual municipal election. The board of assessors shall consist of three persons who shall be elected in the manner provided in section forty-one for the election of trustees of the public library, and any vacancy which shall occur in said board of assessors may be filled by the city council, in the manner provided by section seven of chapter twenty-six of the Revised Laws, until the next annual election and the qualification of a successor.

Section 6. All meetings for the election of national, state, county and district officers shall be called by order of the city council, in the same man¬ ner as meetings for municipal elections are called.

Section 7. The city council may, when no con¬ venient wardroom for holding the meetings of the citizens of any ward can be had within the territorial limits of such ward, appoint and direct, in the notice for calling any meeting of the citizens of such ward, that the meeting be held in some convenient place within the limits of any adjacent ward of the city; and for such purpose the place so assigned shall be deemed and taken to be a part of the ward for which the election is held.

Section 8. General meetings of the citizens qualified to vote may from time to time be held ac¬ cording to the right secured to the people by the constitution of this Commonwealth, and all such meetings may, and upon the request in writing of fifty qualified voters setting forth the purposes there¬ of, shall be duly called by the city council.

Vacancies in board of assessors.

Meetings for elec¬ tion of national, state, etc., offi¬ cers.

1895, 148.

Ward meetings may be held in ad¬ jacent ward.

General meetings of qualified voters.

1895, 148.

City council, elec¬ tion, term, etc. 1895, 148.

Quorum, etc.

Vacancies.

TITLE 3. LEGISLATIVE DEPARTMENT.

Section 9. The members of the city council shall consist of twenty-one councilmen at large, who shall be elected by the inhabitants of the city as follows: At the first municipal election held under this act twenty-one members at large of the council shall be elected by the qualified voters of the entire city, seven to serve for the term of three years, seven for the term of two years and seven for the term of one year, beginning with the first Monday in January then next ensuing; and thereafter seven members at large of said city council shall be elected in like manner at each annual municipal election, to serve for the term of three years beginning with the first Monday in January next ensuing, in place of the members at large whose term then expires. At the first municipal election no voter shall vote for more than five of the councilmen to be elected for each term, that is to say, not more than fifteen in the aggregate on one ballot, and the seven having the highest number of votes for each term shall be de¬ clared elected. At all municipal elections subse¬ quent to the first election no voter shall vote for more than five of the seven councilmen to be elected at an annual election on one ballot, and the seven having the highest number of votes shall be declared elected. The councilmen shall hold office for three years, except as herein otherwise provided, beginning with the first Monday in January next succeeding their election, and until their successors shall be elected and qualified. A majority of the board shall constitute a quorum for the transaction of business. In case an election is held to fill a vacancy or va¬ cancies in the council a voter may vote for the coun¬ cilman necessary to fill such vacancies in addition to the number above provided.

Section 10. The mayor and the councilmen- 0amhaSyo°rfanfCceouJelect shall, on the first Monday in January next s!?!i8, 103, § 4. following their election, at ten o’clock in the forenoon, meet and be sworn to the faithful discharge of their duties. vThe oath shall be administered by the city clerk, or, in his absence, by any justice of the peace, and shall be duly certified on the journal of the city council. In case of the absence of the mayor-elect on the first Monday in January, or if the mayor shall not then have been elected, the oath of office may at any time thereafter be administered to him, and at any time thereafter, in like manner, the oath of office may be administered to any member of the council who has been previously absent or has been subsequently elected; and every such oath shall be duly certified as aforesaid.

Section 11. After the oath has been administered 0rfoi?iciit.10Ei°efctiJn to the councilmen present they shall be called to ^IfsjTos, §et§; order by the city clerk, or in case of the absence of the city clerk, by the oldest senior member present.

The council shall then proceed to elect one of their own number president of the council by ballot. If no quorum is present an adjournment shall be taken to a later hour or to the next day, and thereafter the same proceedings shall be had from day to day until a quorum shall be present. If any person re¬ ceives the votes of a majority of all the members of the council, such person shall be declared chosen president thereof. If on the first day on which a quorum is present no person receives the votes of such majority they shall proceed to ballot until some person receives the votes of such majority, or an ad¬ journment to the succeeding day is taken, and on such succeeding day a plurality of those voting shall be sufficient for an election. No other business shall be in order until a president is chosen. The presi¬ dent shall be sworn by the city clerk, or in case of the absence of the clerk, by any justice of the peace.

City clerk, election of.

Removal of presi¬ dent or city clerk.

Special meetings of city council.

1895, 148.

City council to de¬ termine rules of its proceedings, be judge of election of its memb ers etc. 1895, 148.

Quorum.

In the year nineteen hundred and twenty and every third year thereafter, the council shall then proceed to elect a city clerk in the manner provided by section seven of chapter twenty-six of the Revised Laws, who shall hold office for the term of three years, from and after the date of his election and until the election and qualification of his successor. A majority of the votes of all the members shall be necessary for the election of said city clerk. Either the presi¬ dent or the city clerk may be removed from office by the affirmative vote of two thirds of all the members of the council taken by roll call. The president of the council shall have the same right to vote as any other member thereof.

Section 12. The mayor may at any time call a special meeting of the city council, by causing writ¬ ten notification thereof, together with a statement of the subjects to be considered thereat, to be de¬ posited in the post-office, postpaid, and addressed to the persons to be notified, or left at the usual place of residence of each member of the council, at least twenty-four hours before the time appointed for such meeting.

Section 13. The city council shall determine the rules of its own proceedings and shall be judge of the election returns and qualifications of its own mem¬ bers. In case of the absence of the president the council shall choose a president pro tempore, and a plurality of votes cast shall be sufficient for a choice. The council shall sit with open doors, whether in session as a council or as a committee of the whole, and shall cause a journal of its proceedings to be open to public inspection. The vote of the council upon any question shall be taken by roll call when the same is requested by at least three members. A majority of the members of the council shall be required to constitute a quorum, but a smaller number may adjourn from day to day. The council shall, so far as is not inconsistent with this act, have and exercise all the legislative powers of towns, and have all the powers and be subject to all the lia¬ bilities of city councils, and of either branch thereof, under the general laws of the Commonwealth, and it may by ordinance prescribe the manner in which such powers shall be exercised. They shall receive no compensation for their services as members of the city council or any committee thereof.

Section 14. Neither the city council nor any member or committee thereof shall directly or in¬ directly take part in the employment of labor, the making of contracts, the purchase of materials or supplies, the construction, alteration or repair of any public works, buildings or other property, or the care, custody or management of the same, or in the conduct of any of the executive or administra¬ tive business of the city, or in the expenditure of public money, except such as may be necessary for the contingent and incidental expenses of the city council, nor in the appointment or removal of any officers, except as herein otherwise provided; but nothing in this section contained shall affect the powers or duties of the council in relation to state aid to disabled soldiers and sailors and to the families of those killed in the civil war.

Section 15. The city council shall in the month of January in the year nineteen hundred and twenty-one, and every third year thereafter, elect an auditor of accounts in the manner provided by section seven of chapter twenty-six of the Revised Laws, who shall hold office for the term of three years from and after the date of his election and until the election and qualification of his successor. A majority of the votes of all the members of the council shall be nec¬ essary for the election of such auditor, and he may be removed by the council by the affirmative vote

Legislative powers.

No compensation.

Councilmen not to take part in em¬ ployment of la¬ bor, making of contracts, etc. 1895, 148.

Auditor of accounts. 1905, 373.

of two thirds of all the members of the council, taken by roll call.

Appropriations, etc. Section 16. The city council shall appropriate s. lets, 103, § 7. annually the amount necessary to meet the expendi¬ tures of the city for the current municipal year. It shall take care that no money is paid from the treasury unless granted or appropriated, and shall secure a just and proper accountability by requiring bonds with sufficient penalties and sureties from all persons entrusted with the receipt, custody or disbursement Account of receipts of money. It shall as often as once in each year, t?dblXpSfsh«S? cause to be published for the use of the inhabitants a particular account of the receipts and expenditures of said city and a schedule of all city property and of the city debt.

0rt1es^etcS8 penal Section 17. The city council shall have the power within said city to make and establish ordi¬ nances and by-laws, and to affix penalties as herein and by general law provided, without the sanction Proviso. of any court or justice thereof: provided , however ,

that all laws and regulations now in force in the town of North Adams shall, until they shall expire by their limitation or be revised or repealed by the council, remain in force. Complaint for the breach of any ordinance or by-law may be made by the mayor or any head of a department or by any resident of the city.

■F'roFtoibeeS’a|paroved Section 18. No vote of the city council granting by qualified vot- or kestowing an exclusive franchise of any descrip- 1895, 148. tion £0 any person 0r corporation shall be valid un¬

less the same shall be approved by a vote of the quali¬ fied voters of the city, voting at large in their re¬ spective precincts at the annual municipal election.

Schoolhouses, erec¬ tion of 1895, 148.

Section 19. The city council shall not authorize the erection of a schoolhouse, or of any addition thereto, nor pass any appropriation for such pur¬ pose, until plans for the same have been approved by vote of the school committee, and such approval has been certified in writing to the council by the chairman of said committee.

Section 20. The city council shall establish a fire department for said city, to consist of a chief and of such officers and members as the city council by ordinance shall from time to time prescribe; and said council shall have authority to define their rank and duties and in general to make such regulations concerning the conduct and government of such department, the management of fires and the con¬ duct of persons attending fires, as they may deem expedient, and may fix such penalties for any violation of such regulations or any of them as are provided for breach of the ordinances of said city. The chief and officers shall be the firewards of the city.

Section 21. The city council shall have power to establish fire limits within the city, and from time to time change or enlarge the same, and by ordi¬ nance they may regulate the construction of all build¬ ings erected within said fire limits, stipulating their location, size and the material of which they shall be constructed, together with such other rules and regulations as shall tend to prevent damage by fire: provided , that such rules and regulations shall not be inconsistent with the laws of this Commonwealth.

Section 22. The city council shall establish by ordinance a police department, to consist of a chief of police and such officers and men as it may prescribe, and make regulations for the government of the de¬ partment.

Section 23. The city council shall, with the approval of the mayor, have exclusive authority and power to order the laying out, locating anew or discontinuing of all streets and ways and highways within the limits of said city, and to assess the dam¬ ages sustained by any person thereby, and further, except as herein otherwise provided, to act in all matters relating to such laying out, locating anew,

Fire department. 1904, 254.

Fire limits, council to establish, etc. 1895, 148.

Proviso.

Police department.

S. 1918, 103, § 9.

See Sec. 29.

Streets, highways, 1895, 148.

Damages, assess¬ ment of.

Majority vote of all members neces¬ sary for the pass¬ age of certain ordinances, etc. 1895, 148.

Proviso.

Mayor, removal of for official mis¬ conduct or neglect of duty.

1895, 148.

altering or discontinuing. Any person aggrieved by the assessment of his damages, or other action of the council under this section, shall have all the rights and privileges now allowed by law in such cases in appeals from decisions of the selectmen of towns.

Section 24. In case any ordinance, order, reso¬ lution or vote involves the appropriation or expen¬ diture of money to an amount which may exceed two hundred dollars, the laying of an assessment or the granting to a person or corporation of any right in, over or under any street or other public ground of said city, the affirmative votes of a ma¬ jority of all the members of the city council shall be necessary for its passage. Every such ordinance, order, resolution or vote shall be read twice, with an interval of at least three days between the two readings before being finally passed, and the vote upon its final passage shall be taken by roll call: provided , however, that upon and after the written recommendation of the mayor, the city council may pass such ordinance, resolution or vote upon the same day, by a two-thirds yea and nay vote.

Section 25. At any meeting of the city council it shall be in order for any member thereof to give written notice, seconded in writing by a majority at least of all the members of the council, of his in¬ tention to move at the next meeting thereof, occur¬ ring within not less than ten days, a resolution that the mayor be removed for official misconduct or neglect of duty. Such notice shall specify as par¬ ticularly as possible the acts of misconduct or the instances of neglect of duty complained of, shall be entered at large by the clerk in the minutes of the council, and the clerk shall within two days serve a copy upon the mayor and mail a copy to each of the members of the council at his residence. At such next meeting of the council the mayor shall have the right to speak in his own defence and to be heard by counsel. The vote on the resolution shall be by roll call. If the resolution fails to receive the affirm¬ ative votes of three-fourths of all the members of the council it shall have no effect, and shall not be re-introduced during that meeting of the council. If it receives the affirmative votes of three-fourths of all the members of the council it shall, upon the recording of such vote, take effect, and the office of the mayor shall thereupon become vacant. The council shall thereupon order a warrant for a new election for mayor to be issued, and such further proceedings shall be had as are provided in section five of this act in case of a failure to elect a mayor.

Section 26. No member of the city council shall, during the term for which he is elected, hold any other office in or under the city government, have the expenditure of any money appropriated by the council, or act as counsel in any matter be¬ fore the council or any committee thereof; and no person shall be eligible for appointment to any munici¬ pal office established by the council during any munici¬ pal year within which he was councilman, until the expiration of the succeeding municipal year.

Section 27. Every ordinance, order, resolution or vote of the city council, except such as relates to its own internal affairs, to its own officers or employees, to the election or duties of the auditor of accounts and city clerk, to the removal of the mayor or to the declaration of a vacancy in the office of mayor, shall be presented to the mayor for his approval, and like proceedings shall be had thereon as are in such case provided by general laws relating to cities.

TITLE 4. EXECUTIVE DEPARTMENT.

Councilmen not to hold other city office, etc.

1895, 148.

Certain ordinances, etc., to be ap¬ proved by mayor 1895, 148.

Section 28. The executive powers of the city Executive powers

^ J vested in mayor.

shall be vested in the mayor, and may be exercised s- 1918> 103- §1°-

Term of mayor two years.

Municipal officers, appointment and removal of.

Person removed from office, etc., may have hearing.

Charges, preferring of.

by him either personally or through the several officers and boards of the city in their departments, under his general supervision. 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 term of two years beginning with the first Monday in January following his election unless sooner re¬ moved, and until his successor is elected and qualified.

Section 29. The mayor shall have the sole power of appointment to all the municipal offices established by or under this act, including officers and members of the fire and police departments, unless herein otherwise provided; he may, by and with the approval of the city council, except as herein otherwise provided, remove from office, lower in rank, transfer, or suspend by written order any officer or member so appointed hereunder, for just cause and he shall in such order specifically assign the reasons therefor. Such order of removal, lowering, transfer, or suspension shall take effect upon the filing of the same with the city clerk, approved by the city council, and the service of a copy thereof upon such officer or member so removed, lowered, transferred, or suspended, either personally or by leaving the same at his last and usual place of residence.

The person sought to be removed, lowered, trans¬ ferred, or suspended, shall if he so requests, be given a public hearing, and be allowed to answer the charges preferred against him either personally or by counsel. A copy of such reasons, notice and answer, and of the order of removal, lowering, suspension, or transfer shall be made a matter of public record.

Any member of the city council may prefer charges against any such officer or member for misfeasance in office. Such charges shall be in writing and filed with the clerk of the city council. If the city council shall vote to consider such charges, the president shall appoint a committee composed of three members to try the issues. A time and place shall be fixed by said committee for hearing the evidence for and against such charges, and notice thereof and an op¬ portunity to appear with counsel and to be heard shall be given the accused, and said committee shall report its findings to the city council.

If said committee shall report to the city council in favor of sustaining such charges or any one of the same, and two thirds of the city council shall vote to approve the report of the committee, the mayor shall be notified thereof, and it shall be his duty to remove forthwith such officer, in the manner above provided.

Section 30. Whenever by reason of sickness, absence from the city or other cause the mayor shall be unable to attend to the duties of his office, the president of the city council, or in case of his absence from the city or disability, the city solicitor, shall act as mayor. Such officer shall during the con¬ tinuance of such sickness, absence from the city or other cause have all the rights and powers of mayor, except that he shall not when so acting have the power of removal, unless thereto authorized in any instance by vote of the city council, nor any power of appointment unless such sickness, absence or other disability of the mayor has continued for a period of thirty days, and then subject to the approval of the city council, nor power to approve or disapprove any ordinance, order, resolution or vote until within twenty-four hours of the time when it would take effect without the approval of the mayor. In case such disability of the mayor continues for a period exceeding sixty days the city council may at any time after the expiration of such period declare a vacancy to exist in the office of mayor.

Mayor shall remove upon notice from city council.

Disability or ab¬ sence of mayor, duties to be per¬ formed by pres¬ ident of council, etc.

Vacancy in office of mayor, president of council to act. 1895, 148.

School committee, election, terms, etc. 1895, 148.

Superintendent of schools, election, term, etc.

1895, 148.

Affected by 1914, 714.

Section 31. Whenever there shall be a vacancy, in the office of mayor the president of the city council shall act as mayor and possess all the rights and powers of mayor during such vacancy, except that when so acting as mayor he shall not have the power of appointment or removal unless thereto in any instance authorized by vote of the council.

TITLE 5. SCHOOL DEPARTMENT.

Section 32. The management and control of the schools of said city shall be vested solely in a school committee, consisting of six members at large, who shall be elected by the inhabitants of the city as follows: At the first municipal election held under this act six members of the school committee shall be elected by the qualified voters of the entire city, two to serve for the term of three years, two for the term of two years and two for the term of one year, beginning with the first Monday in January then next ensuing; and thereafter two members at large of said school committee shall be elected in like man¬ ner at each annual municipal election, to serve for the term of three years beginning with the first Mon¬ day in January next ensuing, in place of the members at large whose term then expires. The school com¬ mittee shall at its first meeting in each municipal year, or as soon thereafter as may be, choose a chair¬ man from among its members by ballot, and the votes of a majority of all the members of the board shall be required in order to elect.

Section 33. The school committee shall on the first Monday in June, or as soon thereafter as may be, choose by vote of a majority of its members, but not from their number, a superintendent of schools, who shall be under its direction and control. Such superintendent shall hold office until the first Mon¬ day in June next ensuing unless sooner removed, and until his successor is chosen and qualified, and he may be removed at any time by the school com¬ mittee by a vote of a majority of its members. The school committee shall, in case of a vacancy in their number, forthwith notify the city council, and the council shall call a joint convention of the members thereof and of the school committee, and at such convention the vacancy shall, by vote of a majority of all the members of the two bodies, be filled until the end of the municipal year in which the warrant for the next ensuing annual municipal election is issued, and at such election the vacancy shall be filled for the remainder, if any, of the unexpired term, in the same manner as the member whose office is vacant was elected. The school committee shall fix and establish the compensation of all persons employed by them.

TITLE 6. ADMINISTRATIVE OFFICERS.

Section 34. There shall be the following ad¬ ministrative officers, who shall be appointed by the mayor, and who shall perform the duties by law and hereinafter prescribed for them, respectively, and such further duties not inconsistent with the nature of their respective offices, as the city council may prescribe: — 1. A commissioner of public works. 2. A city treasurer, who shall also be collector of taxes. 3. A city solicitor. 4. A chief of police. 5. A chief of the fire department who shall also be assistant inspector of buildings under the direction and con¬ trol of the inspector of buildings. He shall devote his whole time to the city. 6. A board of health, consisting of three persons who shall have control of the enforcement of the regulations relative to plumbing. 7. A city physician. 8. An overseer of the poor who shall exercise and discharge all the duties and powers prescribed by law for overseers of the poor. He shall also be the city almoner and commissioner of public burial places of said city. The above named officers shall be appointed on or