Charter and revised ordinances, city of North Adams, Massachusetts, 1909

Section 1. The inhabitants of the town of city of Non h Adams

incorporated

North Adams shall, in case of the acceptance of this act by the voters of said town as hereinafter pro¬ vided, continue to be a body politic and corporate, under the name of the City of North Adams; and as such shall have, exercise and enjoy all the rights, immunities, powers and privileges, and shall be sub¬ ject to all the duties and obligations, now pertaining to and incumbent upon the said town as a municipal corporation.

Section 2. The administration of all the fiscal, Government to be 1 vested in mayor

prudential and municipal affairs of said city, with and city council, the government thereof, shall, except the affairs of 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-

543701

Division into wards.

Municipal election and municipal year.

Mayor, council men, etc., to be elected by ballot, etc.

partment shall never exercise any executive power, excepDas herein otherwise provided.

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 in¬ creased 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 third Tuesday of December, and the municipal year shall begin on the first Mon¬ day of January following. All meetings of the citizens for municipal purposes shall be called by warrants issued by order of the city council, which shall be in such form, and be served and returned in such manner and at such times, as the city council may by ordinance direct.

Section 5. At such municipal election the quali¬ fied voters shall give in their votes by ballot in the several wards for mayor and 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 the person receiving the highest number of votes for any office shall be deemed and declared to be elected to such office; and when¬ ever 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 va¬ cancy in said office shall occur subsequently and more than three months previous to the expiration of the municipal year, the city council shall forth¬ with cause warrants to be issued for a new election, 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 expir¬ ation of the municipal year, the council may forth¬ with elect some person or persons to fill the vacancy or vacancies until the next annual municipal elec¬ tion. 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.

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 war¬ rant 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

Meetings for elec¬ tion of national, state, etc., officers.

Ward meetings may be held in adja¬ cent ward.

General meetings of qualified voters.

fifty qualified voters setting forth the purposes there¬ of, shall be duly called by the city council.

TITLE 3. LEGISLATIVE DEPARTMENT.

Cltion“ernm,1etcelec" 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 i 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, begin¬ ning with the first Monday in January next succeed- 1 ing their election, and until their successors shall be elected and qualified. A majority of the board shall i

Quorum, etc. constitute a quorum for the transaction of business, i

In case an election is held to fill a vacancy or va- 1 cancies in the council a voter may vote for the councilman necessary to fill such vacancies in addition to the number above provided.

Section 10. The mayor and the councilmen oaths of office of elect shall annually, on the first Monday in January, 3fmen.and coun~ at ten o’clock in the forenoon, meet and be sworn to the faithful discharge of their duties. The oath shall be administered at their first meeting after the acceptance of this act, by the town clerk, and in sub¬ sequent years 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 a mayor shall not then have been elected, the oath of office may at any time thereafter be administered to him, and at any time there¬ after, in like manner, the oath of office may be adminstered 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 adminis- City council, organtered to the councilmen present they shall be called ScSs,’ cFtycieuf to order, at their first organization by the town etcclerk, and in subsequent years 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 pro¬ ceedings shall be had from day to day until a quorum shall be present. If any person receive 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 ma-

Special meetings of city council.

To determine rules of its proceedings, be judge of elec¬ tion of its mem¬ bers, etc.

jority they shall proceed to ballot until some person receives the votes of such majority, or an adjourn¬ ment 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 town or city clerk, as the case may be, or in case of the absence of the clerk, by any justice of the peace. The council shall then proceed to the choice of a city clerk, in the same manner as above provided for the choice of president. The president may be removed from the presidency of the council and the 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 num¬ ber 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 mem¬ bers of the city council or any committee thereof.

Section 14. Neither the city council nor any member or committee thereof shall directly or indirectly 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 of 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 choose an auditor of accounts, who shall hold office for the term of one year beginning with the first Monday in February next ensuing, and until

^Effected by Acts of 1905, Chapter 373.

Quorum, etc.

Not to take part in employment o f labor, ' making of contracts, etc.

Auditor of accounts.

Appropriations, etc.

Account of receipts and expenditures to be published, etc.

North Adams Hos¬ pital.

City ordinances, penalties, etc.

his successor is chosen and qualified. A majority of the votes of all the members of the council taken by roll call shall be necessary for the choice of the auditor of accounts, and he may be removed by the council.

Section 16. The city council shall appropriate annually in the months of March and April the amount necessary to meet the expenditures 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 of money. It shall as often as once in each year, ten days at least prior to the annual election, 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. Any appropriation made by the city council for the erection of a city hall, or for land for a location of such building, shall be subject to the ratification by the legal voters of the city voting in their respective precincts at an annual municipal election. The city council may appro¬ priate money from time to time in aid of the North Adams Hospital, and in return for such appropria¬ tions the said hospital shall receive persons for the reception of whom the city may erect, establish and maintain a hospital; buc such appropriations shall not exceed in any one year a sum amounting to one-tenth of one per cent, of the valuation of tjie city for the preceding year.

Sect on 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 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 resi¬ dent of the city.

Section 18. No vote of the city council granting or bestowing an exclusive franchise of any descrip¬ tion to any person or corporation shall be valid unless the same shall be approved by a vote of the qualified voters of the city, voting at large in their respective precincts at the annual municipal election.

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 regu¬ lations concerning the conduct and government of such department, the management of fires and the conduct 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 appointment of all the officers and members of such department shall be vested in the mayor exclusively, who shall have authority to remove

Proviso.

Certain votes of city # to be approved by qualified voters.

Plans for schoolhouses to be ap¬ proved by school committee, etc.

Fire Department.

Fire limits may be established, etc.

Proviso.

Police department.

Streets, Highways, etc.

Majority vote of all members neces¬ sary for the pas¬ sage of certain or¬ dinances, etc.

from office any officer or member for cause. 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 buildings 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 Com¬ monwealth.

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 pre¬ scribe, and make regulations for the government of the department. The appointment of all the mem¬ bers of such department shall be vested in the mayor exclusively, who shall have power to remove any member for cause.

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, 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 expenditure 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.

Proviso.

Mayor may be re¬ moved from office for official miscon¬ duct or neglect of duty.

Members of council not to hold other city offices, etc.

Certain ordinances, etc., to be approv¬ ed by mayor.

Executive powers vested in mayor, etc.

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 mayor shall thereupon become vacant. The council shall there upon 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 before the council or any committee thereof; and no person shall be eligible for appointment to any municipal office established by the council during any municipal year within which he was council¬ man, until the expiration of the succeeding munic¬ ipal year.

Section 27. Every ordinance, order, resolution or vote of the city council, except such as relates to its own internal affairs, to its officers or employees, to the election or duties of the auditor of accounts and any 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.

Section 28. 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 of the city in their de¬ partments, under his general supervision and con¬ trol. 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 mu¬ nicipal year 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, unless herein otherwise provided; and he may, except as herein otherwise provided, remove from office by written order any officer so appointed hereunder, for any cause which he shall in his official discretion deem sufficient, which cause he shall assign in his order of removal. Such office shall become and be vacant upon the filing with the city clerk of such order of removal and a service of a copy thereof upon the officer so removed, either personally or by leaving the same at his last or usual place of residence. The city clerk shall keep such order of removal on file, where it shall be open to public inspection.

Section 30. Whenever by reason of sickness or other cause the mayor shall be disabled from per¬ forming the duties of his office he may designate by writing filed in the office of the city clerk, either the city treasurer, the city clerk, or the city solicitor, to act as mayor, or in case of the failure of the mayor to make such designation, the above mentioned officers in the order above named, then performing the duties of his office, shall act as mayor. Such officer shall during the continuance of such dis¬ ability have all the rights and powers of mayor, except that he shall not when so acting have the power of removal, unless thereto in any instance authorized by vote of the city council, nor any power of appointment unless such disability of the mayor has continued for a period of thirty days,

Term of office.

Appointment and removal of munic¬ ipal officers.

By whom duties may be performed in case of disability of mayor.

President of council to act in case of vacancy in office of mayor.

School committee, election, term, etc.

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 that period declare a vacancy to exist in the office of mayor.

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 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 Monday in January next ensuing, in place of the members at large whose term then expires. The school committee shall at its first meeting in each municipal year, or as soon thereafter as may be, choose a chairman 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, an(J 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 mem¬ bers 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 unex¬ pired term, in the same manner as the member whose office is vacant was elected. The school com¬ mittee 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. I.* A board of public works, consisting of three persons, who shall also be overseers of the

^Amended by Acts of 1897, Chapter 76.

Superintendent of schools, election, term, etc.

Vacancy on school committee, etc.

Administrative offi¬ cers, appointment, duties, term, etc.

Proviso.

Oaths of office.

poor and commissioners of public burial places. II. A city treasurer, who shall also be the collector of taxes. III. A city solicitor. IV. A chief of police. V.* A chief of the fire department. VI. A board of health, consisting of three persons. VII. A city engineer, who shall also be inspector of buildings. VIII. A city bookkeeper, who shall also be clerk of the board of public works, and shall keep the accounts of all the departments except as herein otherwise provided. The above-named boards and officers shall be appointed on or before the first Monday in February and shall hold their respective offices for the term of one year beginning with the first Monday in February, unless sooner removed, and until their respective successors, or in case of boards, until a majority of the members thereof, are appointed and qualified : provided, however, that the appointment of the chief of police shall not be for any specified time, but shall hold good until his death, resignation or removal by the mayor, who shall have power to remove him for incompetency or cause. They shall be sworn or affirmed to the faithful discharge of the duties of their respective offices, which oath or affirmation, or a certified copy thereof, shall be filed in the office of the city clerk. IX. A board of license commissioners, as prescribed in chapter four hundred and twenty-eight of the acts of the year eighteen hundred and ninety -four. The board of assessors shall be entitled to choose a clerk, who shall not be one of their own number. The board of public works shall appoint a super¬ intendent of outdoor work who shall hold no other municipal office, and a superintendent of the water works, neither of whom shall be of their own num¬ ber, and who shall severally hold their offices for one year unless sooner removed by said board, and