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MINUTES - Regular - 5/8/2003 CITY OF SALEM 111 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 8, 2003 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 1, 2003 at 12.34 P.M. Councillor Sargent was absent. Council President Thomas H. Furey presided. Councillor Harvey moved to dispense with the reading of the record of the previous meeting. It was so voted. President Furey requested that everyone please rise to recite the Pledge of Allegiance. President Furey requested a moment of silence be observed for Jane Hayes who passed away. #390 — CONDUIT LOCATION ON CLOVERDALE AVE. A hearing was held on the petition of Verizon for a conduit and pole location on Cloverdale Avenue. Appearing in favor was a representative of Verizon. There was no one opposed. Councillor O'Leary moved that the hearing be closed. It was so voted. Councillor O'Leary moved that the request be granted. It was so voted. #391 —APPR. $16,269.53 TO OPEN SPACE DEPT. RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was adopted under suspension of the rules. Councillor Bencal requested and received unanimous consent to suspend the rules to allow Mr. Robert Gates to speak. ORDERED: That the sum of Sixteen Thousand Two Hundred Sixty-Nine Dollars and fifty-three cents ($16,269.53) is hereby appropriated from the "Fund Balance Reserved for Appropriation Free Cash" Account to the "Open space Department Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #392 —APPR. $1,755.00 TO CEMETERY BURIAL SERVICES 112 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Thousand Seven Hundred Fifty-Five Dollars ($1,755.00) is hereby appropriated from the "Receipts Reserved Cemetery Sale of Vaults" Account to the "Cemetery Burial Services" Account in accordance with the recommendation of His Honor the Mayor. #393 — PUBLIC HEALTH, SAFETY AND ENVIRONMENT STUDY DOUBLE HULL SHIPS IN SALEM HARBOR Councillor Harvey introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety and the Environment meet with officials of the P.G. & E. Harbor Station to discuss enforcement of any double hull ships delivering coal or oil into Salem Harbor. #394 — LETTER TO LT. GOVERNOR HEALEY REGARDING ISSUANCE OF SPECIAL SALEM LICENSE PLATES Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the City Council send the attached letter to Lt. Governor Kerry Healey, relative to a "Salem" license plate. #395 — PUBLIC HEARING BE HELD REGARDING "STOP THE CUTS" RESOLUTION Councillor Chuber introduced the following Order, which was adopted. ORDERED: That the City Council, in conjunction with the Mayor, hold a Public Hearing regarding the "Stop the Cuts Resolution". This Public Hearing should take place in a location that allows a large gathering of citizens to allow discussion. #396 — ORDINANCE, TRAFFIC, HANDICAP PARKING, WEBB STREET Councillor Chuber introduced the following Ordinance, which was adopted for first passage. In the year two thousand and three An Ordinance to amend an Ordinance relative to Traffic, Handicap Parking CITY OF SALEM 113 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B, is hereby amended by adding the following street: "Webb Street, northbound, on the westerly side, in front of#27 Webb Street, for a distance of twenty (20) feet. Handicap Parking, Tow Zone." Section 2. This Ordinance shall take effect as provided by City Charter. #397 — JURISDICTION OF VENDOR LICENSES BE REVIEW BY ORDINANCES, LICENSES, AND LEGAL AFFAIRS COMMITTEE Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the matter of granting Vendor Licenses by the Licensing Board be referred to the Committee on Ordinances, Licenses and Legal Affairs to determine what body, the Licensing Board or the City Council, has jurisdiction over issuing said vendor licenses and request a legal opinion from the City Solicitor regarding same. #398 — COUNCILLOR BE APPOINTED TO TESTIFY AT STATE HOUSE REGARDING "COMPUTER TAKE BACK" HEARING Councillor Chuber introduced the following Order, which was adopted. Councillor O'Leary moved that Councillor Chuber be appointed. It was so voted. ORDERED: That the City Council appoint a representative from this body to testify in favor of the Computer Take Back Bill, H-1533, at a hearing to take place at the State House on May 15, 2003, at 10.00 A.M. Further ordered, that we send a letter to the Natural Resources Committee request that they give H-1533 a Favorable Report. It should be addressed to: Chairman Bill Green Committee on Natural Resources & Agriculture State House — Room 473F Boston, MA 02133 And it should include how much it costs our city to manage discarded computers and CRT'S. 114 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL Further ordered, that we send letters to Representative J. Michael Ruane and Senator Frederick Berry, asking him to testify in favor of the bill at the May 15 hearing and asking them to send letters to the Natural Resources Committee urging a favorable report from said Committee. And further ordered that copies of these letters be sent to the Massachusetts Producer Take Back Campaign C/O Clean Water Action 36 Bromfield St., Suite 204 Boston, MA 02108 #399 — PETITION OF RESIDENTS FROM CLARK ST. & BARNES ROAD OPPOSING SALE OF CONSERVATION LAND ON CLARK STREET Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the petition of the residents of the Clark Street and Barnes Road area be received and referred to the Committee on Government Services. #400 — DIAGONAL PARKING BE STUDIED FOR CONGRESS STREET, TO SLOW DOWN TRAFFIC Councillor Chuber introduced the following Order, which was adopted. ORDERED: That the City Planner, Mr. Joe Walsh or his designee, Captain Robert Callahan of the Police Traffic Division, and residents of Ward One be invited to a meeting of the Government Services Committee to evaluate the establishment of Back-in diagonal parking on one side of Congress Street, commencing at the intersection of Congress and Harbor or Congress and Dow, to accomplish the dual goals of increasing the number of parking spaces available and traffic calming for that street. #401 — PEDESTRIAN LIGHTS BE INSTALLED ON JACKSON STREET AT BROAD STREET PLAYGROUND Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Police Traffic Division and the Electrical Department explore the feasibility of installing a pedestrian activated traffic signal at the intersection of Jackson Street and Board Street extension and coordinate the installation of same with any and all City and State agencies. CITY OF SALEM 115 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL #402 — (#379 -#383) - GRANTING CERTAIN LICENSES Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted. PUBLIC GUIDE Rosemary Morgan, 39 Railroad Ave., Beverly Mindy Willis, 4 Loring Ave., Salem TAXI OPERATOR David Doherty, 79 Harold Parker Road, Andover TAG DAY SHS Softball, May 25, 2003 SHS Boys Lacrosse Team, May 18, 2003 #403 — (#378) - SALEM LODGE OF ELKS WALK-A-THON Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of the Salem Lodge of Elks Walk-a-thou on May 31, 2003, has considered said matter and would recommend approval. #404 — (#328) — ORDINANCE, NO DOGS AT HIGH STREET PLAYGROUND, NON-CRIMINAL FINES Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses, and Legal Affairs, to whom was referred an Ordinance relative to Non-Criminal Fines, no dogs allowed at High Street Playground, has considered said matter and would recommend that the Ordinance be adopted for second and final passage. #405 — (#357) —APPR. FIRE MEDICAL/DENTAL 116 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL Councillor DeToma offered the following report for the Committee on Administration and Finance. Councillor O'Keefe left the Chamber due to a conflict of interest. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance, to whom was referred an appropriation of$10,000.00 from Free Cash to Fire Dental Medical has considered said matter and would recommend approval. Councillor O'Keefe returned to the Chamber #406 — (#359) —ACCEPTANCE OF M.G.L. CH. 44, SEC. 53E %, REVOLVING FUND FOR WINTER ISLAND AND KERNWOOD MARINA Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred an Order to accept the provisions of Mass. General Laws, Chapter 44, Section 53E '/2, establishing a public access revolving fund for the Park Department, has considered said matter and would recommend approval. #407 — (#358) —APPR. PARK IMPROVEMENTS Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors O'Leary, O'Keefe, Lovely, Harvey, Flynn, Driscoll, Chuber, and Furey were recorded as voting in the affirmative. Councillors DeToma and Bencal were recorded as voting in the negative. Councillor Sargent was absent. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee on Administration and Finance, to whom was referred an appropriation of$2,700.00 from "Golf Course Receipts" to "Park Improvements" has considered said matter and would recommend approval. #408 — (#360) — COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FISCAL YEAR 2004 CITY OF SALEM 117 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL Councillor Driscoll offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation. The Committee on Community and Economic Development to whom was referred authorization to submit the fiscal year 2004 C.D.B.G. application to H.U.D. FOR $1,401,000.00 has considered said matter and would recommend approval of the Order, as submitted by the Mayor. #409 — (#335 of 2001) — CONSERVATION COMMISSION MEETINGS, RESCHEDULE TIME Councillor Bencal offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation. The Committee on Government Services to whom was referred an Ordinance relative to the schedule of conservation Commission meetings has considered said matter and would recommend that no further action is required, as the Conservation Commission has changed the time of their meetings. #410 — (#327) — USE OF WINTER ISLAND FOR A CIRCUS SCHOOL Councillor Bencal offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation. The Committee on Government Services to whom was referred an Order for a circus school at Winter Island has considered said matter and would recommend that no further action is required, as the circus school has temporarily relocated to Burlington. #411 — (#287) — (#373) — STOP THE CUTS RESOLUTION Councillor Chuber offered the following report, on behalf of President Furey, for the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee of the Whole, to whom was referred a resolution supporting the "Stop the Cuts" campaign has considered said matter and would recommend that the resolution be adopted, but that no action be taken pending a public hearing on the matter. 118 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL #412 — ORDINANCE AMENDING LICENSING OF PAWNBROKERS, ESTABLISHING INTEREST RATE, AS REQUIRED BY THE STATE COMMISSION ON BANKS A communication was received from the City Clerk, submitting proposed Ordinance amendments to the Pawnbrokers Licensing Ordinance, as required by the Massachusetts Commission on Banks. The Ordinance was adopted for first passage. The Ordinance reads as follows: #412A - ORDINANCE AMENDING LICENSING OF PAWNBROKERS, ESTABLISHING INTEREST RATE, AS REQUIRED BY THE STATE COMMISSION ON BANKS In the year two thousand and three An Ordinance to amend an Ordinance relative to the licensing of Pawnbrokers Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 34 of the Salem Code of Ordinances, is hereby amended by deleting section 34-227 in its entirety, and insert in place thereof, the following: Sec. 34-227. Time limits on selling articles. Articles deposited in pawn with a licensed pawnbroker shall, unless redeemed, be retained by him, on the premises occupied by him for his business, for at least four months after the date of deposit. After the expiration of the applicable period of time, he may sell the article by public auction, apply the proceeds thereof in satisfaction or the debt or demand and the expense of the notice and sale, and pay any surplus to the person entitled thereto on demand. No such sale of any article which is not of a perishable nature shall be made unless not less than ten days prior to the sale a written notice of the intended sale shall have been sent by registered mail to the person entitled to the payment of any surplus as aforesaid, addressed to his residence, as appearing in the records of such pawnbrokers. Proof of registered mail shall be kept on file for one (1) year after the date of sale. CITY OF SALEM 119 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL No article taken in pawn by such pawnbroker shall be disposed of otherwise than as above provided, any agreement or contract between the parties thereto to the contrary notwithstanding. Articles of personal apparel shall not be deemed to be of a perishable nature within the meaning of this section. (G.L. c. 140, s. 71) State law references: Sale of articles received in pawn, M.G.L.A. c. 140, § 71. Section 2. Chapter 34, Section 257, is hereby amended by adding the following sentence: All pawnbrokers shall be required to also obtain a second hand valuable license, under the provisions of the Salem Code of Ordinances, Chapter 35-156. Section 3. Chapter 34, Section 258, is hereby amended by deleting the following sentence: "...but if such a license is issued on or after November 1 in any year, the fee shall be one-half of such amount." Section 4. Chapter 34 is hereby amended by adding the following new sections: Sec. 34-262. Interest rate Licenses pawnbrokers may charge the following rates of interest: For loans up to and including twenty-five dollars ($25.00), five percent a month (and each fraction thereof at the same rate). For loans over twenty-five dollars ($25.00), three percent a month (and each fraction thereof at the same rate). No such pawnbroker shall charge or receive any greater rate of interest and interest shall be determined on the precise sum advanced by the lender. No pawnbroker shall make or receive any extra charge or fee for storage, care of safekeeping of any goods, articles or things pawned with him. (G.L. CH. 140, s. 78) Sec. 34 — 263. Firearms No pawnbroker shall loan money secured by deposit or pledge of firearm, rifle, shotgun or machine gun (G.L. Ch. 140, S. 131 B) 120 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL No Pawnbroker shall hold a license to sell, rent, or lease a firearm, rifles, shotguns, or machine guns. Section 5. This Ordinance shall take effect as provided by City Charter. #413 — PROPOSED FEE INCREASES FOR THE USE OF THE SALEM COMMON A communication from Dr. Patrick Curtin, Chairman of the Park and Recreation Commission, submitting proposed fee increases for the use of the Salem Common, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #414 — SALEM CHARTER COMMISSION SUBMITTING THEIR FINAL REPORT AND THE PROPOSED NEW CITY CHARTER. A communication was received from the Salem Charter Commission, submitting the proposed new City Charter, that will be placed on the November 4, 2003 municipal election ballot. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Mr. Mark Blair, Commission Chairman, to address the Council. Councillor O'Leary moved that the matter be placed on the November 4, 2003 municipal election ballot. It was so voted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors O'Leary, O'Keefe, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor Sargent was absent. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Proposed Charter reads as follows: FINAL REPORT OF THE SALEM CHARTER COMMISSION SALEM HOME RULE CHARTER PETITION ARTICLE 1 INCORPORATION; SHORT TITLE; DEFINITIONS SECTION 1-1: INCORPORATION CITY OF SALEM 121 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL The inhabitants of the City of Salem, Massachusetts, within the territorial limits established by law, shall continue to be a municipal corporation, a body corporate and politic, under the name "City of Salem." SECTION 1- 2: SHORT TITLE This instrument shall be known as and may be cited as the City of Salem Home Rule Charter. SECTION 1- 3: DIVISION OF POWERS The administration of the fiscal, prudential, and municipal affairs of Salem, with the government thereof, shall be vested in an executive/administrative branch headed by a Mayor and a legislative branch to consist of a City Council. The legislative branch shall never exercise any executive/administrative power and the executive/administrative 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 Salem through adoption of this charter to secure for themselves and their government all the powers it is possible to secure as fully and as completely as though each such power were specifically and individually enumerated herein. SECTION 1- 5: CONSTRUCTION The powers of the City of Salem under this charter are to be construed liberally in favor of the City, and the specific mention of any particular powers in not intended to limit the general powers of the city as stated in section 1 — 4. SECTION 1- 6: INTERGOVERNMENTAL RELATIONS Subject only to express limitations in the constitution of general laws of the Commonwealth, Salem 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 agency or political sub- division thereof, or with the United States government or any agency thereof. SECTION 1- 7: DEFINITIONS The following words as used in this chapter shall, unless the context otherwise requires, have the following meanings: "Officer", 'officers" and "administrative officers", when used without further qualification or description, any person or persons in charge of any department or division of the city. The said words when used in contrast with a board or 122 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL members of a board, or with division heads, shall mean any of the persons in sole charge of a department of the city. "Ordinance", a vote or order of the City Council entitled 'ordinance" and designed for the permanent regulation of any matter within the jurisdiction of the City Council as laid down in this charter. "Elected at large", elected by and from all the voters of the city. "Regular municipal election", the biennial election of municipal officers for which provision is made in this chapter. "City Bulletin Board" — The words "city Bulletin board" shall mean the bulletin board in city hall on which official city notices are posted and those at other locations within the city which may from time to time be designated as city bulletin boards by ordinance, or by other vote of the City Council. "City Officer"— The words "city officer" when used without further qualification or description shall mean 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 powers of the city. "Days" — The word "days" shall refer to business days, not including Saturdays, Sundays and legal holidays when the time set is less than seven days; when the time set is seven days or more, every day shall be counted. When the last day falls on a Saturday, Sunday, or legal holiday the period shall be extended to the end of the next day which is not a Saturday, Sunday or legal holiday. "Emergency"— The word "emergency" shall mean a sudden, unexpected, unforeseen happening, occurrence, event or condition which necessitates immediate action. "general laws" — The words "general laws" (all lower case letters) shall mean laws which apply alike to all cities and towns, to all cities, or to a class of municipalities of which Salem is a member. "General Laws" — The words "General Laws" (used with initial capital letters) shall refer to the General Laws of Massachusetts, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently adopted. "Library" — The word "library" shall mean the Salem Public Library, and any branch or branches, which may be established thereof. CITY OF SALEM 123 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL "Local Newspaper"— The words "local newspaper" shall mean a newspaper of general circulation in the City of Salem. "Majority Vote" — The words "majority vote" shall mean a majority of those present and voting, provided that a quorum of the body is present when the vote is taken, unless a higher number is required by law. "Measure" — The word "measure" shall mean any ordinance, order, resolution, or other vote or proceeding adopted, or which might be adopted by the City Council or the School Committee. "Multiple Member Body" — The words "multiple member body" shall mean any city body consisting of two or more persons whether styled board, commission, committee, subcommittee, or otherwise and however elected or appointed or otherwise constituted. "Organization or Reorganization Plan" — The words "organization or reorganization plan" shall mean a plan submitted by the Mayor to the City Council which proposed a change in the organization of the administrative structure of the city government, or to change the way in which a municipal service, or services are delivered. Such plans may be complex and consist of many parts, or, they may be simple and brief. "Quorum" — The word "quorum" shall mean a majority of all members of a multiple member body unless some other number is required by law or by ordinance. "Referendum Measure" — The words "referendum measure" shall mean a measure adopted by the City Council or the School Committee that is protested under the referendum procedures of this charter. "Voters" — The word "voters" shall mean registered voters of the City of Salem. ARTICLE 2 LEGISLATIVE BRANCH SECTION 2-1: COMPOSITION, TERM OF OFFICE (a) The legislative powers of the city shall be vested in a City Council. The City Council shall be composed of eleven members, of whom one shall be elected from each of the seven wards by and from the qualified voters of wards, and the remaining four members shall be elected at large by and from the qualified voters of the city. 124 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL (b) The members of the City Council shall be elected to serve for a term of two years beginning on the first Monday of January in the year following their election and until their successors have been qualified SECTION 2-2: TAKING OF OATH OF OFFICE; ELECTING OF COUNCIL PRESIDENT; DUTIES AND POWERS OF COUNCIL PRESIDENT (a) On the first Monday in January following a regular municipal election the councillors-elect, shall meet and be sworn to the faithful discharge of their duties. The oath may be administered by the City Clerk or by a justice of the peace, and a certificate thereof shall be entered in the journal of the City Council. At any regular council meeting thereafter, the oath may be administered in the presence of the City Council to any councillor absent from the meeting on the first Monday in January. (b) As soon as practicable after the councillors-elect have been qualified following each biennial election, the members of the City Council shall elect from among its members a council president who shall serve for a term of one year. (c) The council president shall preside at all City Council meetings, regulate its proceedings and shall decide all questions of order. The council president shall appoint all members of all committees of the City Council, whether special or standing. The council president shall have the same powers to vote upon measures coming before the City Council as any other member of the City Council. The council president shall perform other duties consistent with the office as may be provided by the charter, by ordinance or by other vote of the City Council. SECTION 2-3: CITY COUNCIL POWERS AND DUTIES; QUORUM; CITY CLERK AND BUDGET MANAGEMENT ANALYST CONSULTANT Except as otherwise provided in this section, the legislative powers of the City Council may be exercised as provided by ordinance or rule adopted by it. CITY OF SALEM 125 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL (a) Every member of the council may vote on any question coming before it. A majority of the council shall constitute a quorum, and the affirmative vote of a majority of all the members of the council shall be necessary to adopt any motion, resolution or ordinance. (b) The City Council shall, from time to time, establish rules for its proceedings. Regular and special meetings of the council shall be held at a time and place fixed by ordinance. Except as otherwise authorized by the Massachusetts General Laws, all sessions of the council shall be open to the public and, to the press, and every matter coming before the council for action shall be put to a vote, the result of which shall be duly recorded. A full and accurate journal of the proceedings of the council shall be kept, and shall be open for inspection. (c) The council shall, by a majority vote, elect a City Clerk to hold office for three years and until a successor is qualified. The City Clerk shall have such powers and perform such duties as the council may prescribe, in addition to such duties as may be prescribed by law, and shall keep the records of the meetings of the council. (d) The council shall, by majority vote, contract with a Budget Management Analyst to serve as a consultant, for a term of three years and until a successor is qualified. The Budget Management Analyst shall perform a legislative oversight and a post audit function and shall not be involved in the day-to-day administrative detail of the financial operations of the city. The Budget Management Analyst shall have free access to all books, accounts, bills and vouchers of the city and shall continuously review and examine the same. The Budget Management Analyst shall make periodic reports thereon to the City Council, with such frequency as the City Council by ordinance, by rule or by other vote may direct, but no less frequently than quarterly. All officials of the city shall cooperate with the Budget Management Analyst in the performance of this oversight function. The Budget Management Analyst shall have other such powers and duties, as may be provided by the charter, by ordinance, or by vote of the City Council. SECTION 2-4: SALARIES AND COMPENSATION OF THE COUNCILLORS 126 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL (a) The members of the City Council shall receive for their services such salary as the City Council shall by ordinance determine, and they shall receive no other compensation from the city, (b) No increase or reduction in the salaries of City Councillors shall take effect during the year in which such increase or reduction is voted, and no change in such salaries shall be made between the election of a new council and the qualification of the new council SECTION 2-5 ORDINANCES No ordinance shall receive final passage on the date on which it was introduced, except in cases of special emergency involving the health or safety of the people or their property. No ordinance shall be regarded as an emergency measure unless the emergency is defined and declared in a preamble to that ordinance and which is separately voted on and receives the affirmative vote of two-thirds of the members of the City Council, provided however that any ordinance, order or resolution may be passed through all its stages of legislation at one session provided that no member of the council objects thereto; but if any member of the council objects, the measure shall be postponed for that meeting. (a) FRANCHISE OR SPECIAL PRIVILEGE ORDINANCES — No ordinance making a grant, renewal or extension, of any kind or nature, of any franchise or special privilege shall be passed as an emergency measure. Except as provided in the Massachusetts General Laws, no such grant, renewal, or extension shall be made otherwise than by ordinance. (b) ORDINANCE AMENDMENT OR REPEAL — No ordinance shall be amended or repealed except by an ordinance adopted in accordance with this chapter. (c) NEWSPAPER PUBLICATION OF ORDINANCES, LOAN ORDERS BEFORE FINAL PASSAGE: PUBLICATION IN MUNICIPAL BULLETIN OR PRINTED PAMPHLET — Every proposed ordinance or loan order except emergency measures as heretofore defined and revenue loan orders, shall be published once in full in at least one newspaper of the city, and in any additional manner that may be provided by ordinance, at least seven days before its final passage. CITY OF SALEM 127 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL If any ordinance or proposed ordinance, or codification of ordinance or proposed ordinances, shall exceed in length eight octavo pages of ordinary book print, then, in lieu of the advertising required by this section, that ordinance may be published by the City Council in a municipal bulletin or printed pamphlet. If published in full at least ten days before final passage of the ordinance, that publication shall be deemed a sufficient and satisfactory substitution for newspaper publication. SECTION 2-6 : VACANCIES IN OFFICE OF COUNCIL; PROCEDURE FOR FILLING (a) If a vacancy occurs at any time in the office of a councillor elected by and from the qualified voters of the city, such vacancy shall be filled by a majority vote of all the remaining members of the City Council for the remainder of the unexpired term. (b) If a vacancy occurs, before the last six months of the term in the office of a councillor elected by and from the voters of a ward, the City Council shall order an election to fill such vacancy for the remainder of the unexpired term. SECTION 2-7: MAYOR TO PROVIDE INFORMATION TO COUNCIL; ATTENDANCE AT MEETINGS OF COUNCIL; ADDRESSING THE COUNCIL (a) The City Council at any time may request from the Mayor specific information on any municipal matter within its jurisdiction, and may request him to be present to answer written questions relating thereto at a meeting to be held not earlier than one week from the date of the receipt by the Mayor of said questions. (b) The Mayor shall personally, or through the head of a department or a member of a board, attend such meeting and publicly answer all such questions. The person so attending shall not be obliged to answer questions relating to any other matter. The Mayor may attend and address the City Council in person or through the head of a department, or a member of a board, upon any subject. ARTICLE 3 EXECUTIVE BRANCH 128 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL SECTION 3- 1: MAYOR: QUALIFICATIONS; TERM OF OFFICE; COMPENSATION (a) Qualification- There shall be a Mayor, elected by and from the qualified voters of the city, who shall be the chief executive officer of the city. Any voter shall be eligible to hold the office of Mayor. (b) Term of Office- The Mayor shall hold office for the term of two years from the first Monday in January following his or her election and until his or her successor is qualified. (c) Compensation- The Mayor shall receive such salary as the City Council shall by ordinance determine, and shall receive no other compensation from the city, No increase or reduction in the salary of the Mayor shall take effect during the year in which such increase or reduction is voted, and no change in that salary shall be made between the election of a new council and the qualification of the new council (e) Prohibitions- The Mayor shall devote full time to the office and shall not hold any other elective public office. Any person serving in the position of Mayor, shall be required to disclose to the City Clerk, any outside employment activities that generate compensation in excess of $200 per year, including but not limited to any work as a consultant, teacher, advisor, or other position held outside of the job of Mayor. Such disclosure shall include the name of the employer, nature of the work, and a description of the number of hours expended on such activity. The City Clerk shall report the disclosure to the City Council at the next regularly scheduled meeting. SECTION 3-2: OATH OF OFFICE On the first Monday in January following a regular municipal election, the Mayor-elect, shall be sworn to the faithful discharge of the duties of the office. The oath may be administered by the City Clerk or by a justice of the peace, and a certificate thereof shall be entered in the journal of the City Council. SECTION 3- 3: APPOINTMENTS BY MAYOR SUBJECT TO CONFIRMATION; EXCEPTIONS. All heads of departments and members of municipal boards, except the School Committee, and officials appointed by the governor, shall be appointed by the Mayor, subject to confirmation by the City Council; but CITY OF SALEM 129 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL the city solicitor shall be appointed, and may be removed, by the Mayor, without confirmation by the City Council. SECTION 3- 4: VACANCY IN THE OFFICE OF MAYOR If a vacancy occurs in the office of Mayor by death, removal or resignation at any time during the first year of the term ending December thirty-first, the City Clerk shall forthwith order an election to fill such vacancy for the remainder of the unexpired term. If a vacancy occurs during the second year of the term beginning January first, a meeting of the City Council shall be called by the City Clerk, and the City Council shall elect by majority vote one of its members as Mayor for the remainder of the unexpired term. If the City Council fails so to elect at said meeting or within thirty days thereafter, the president of the City Council shall become acting Mayor, shall exercise all the rights and powers of Mayor and shall be sworn to the faithful discharge of his or her duties. SECTION 3-5: APPROVAL OF MAYOR, EXCEPTION (VETO) Every order, ordinance, resolution and vote relative to the affairs of the city, adopted or passed by the City Council, shall be presented to the Mayor for his or her approval. If he or she approves it shall be signed; if he or she disapproves it he or she shall return it, with his or her written objections, to the City Council, which shall enter the objections at large on its records, and again consider it. If the City Council, notwithstanding the disapproval of the Mayor, shall again pass such order, ordinance, resolution or vote by a two-thirds vote of all its members, it shall then be in force, but such vote shall not be taken for seven days after its return to the City Council. Every such order, ordinance, resolution and vote shall be in force if not returned by the Mayor within ten days after it has been presented to him. ARTICLE 4 SCHOOL DEPARTMENT SECTION 4-1: SCHOOL COMMITTEE 130 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL (a) Composition-The School Committee shall consist of the Mayor, who shall be the chairman, and six members elected at large. (b) Term of Office - The term of office for the six School Committee members elected by the voters as School Committee members shall be for four years each, beginning on the first Monday in January following a municipal election. The terms of office shall be so arranged that three such terms are to be filled at each biennial election. (b) Eligibility — Any registered voter residing in Salem is eligible to hold the office of School Committee. SECTION 4- 2 SCHOOL COMMITTEE ORGANIZATION; VICE CHAIRMAN (a) Election and Term - On the first Monday in January following a regular municipal election, the School Committee shall meet and be sworn to the faithful discharge of their duties. The Mayor shall administer the oath, and a certificate thereof shall be entered in the journal of the School Committee. At any regular School Committee meeting thereafter, the Mayor, in the presence of the School Committee may administer the oath to any member absent from the meeting on the first Monday in January. (b) Vice Chair- The committee shall organize annually on the first Monday in January, and shall elect one of its members as vice chair, who shall preside at all meetings of the committee at which the Mayor is not present. Section 4- 3: SCHOOL COMMITTEE POWERS AND DUTIES The School Committee shall have the powers which are conferred on School Committees by general laws and such additional powers and duties as maybe provided by the charter, by ordinance, or otherwise and not inconsistent with said grant of powers conferred by general laws. The powers and duties of the School Committee shall include the following- (1) To elect a superintendent of schools, annually who shall be charged with the day to day administration of the school system, subject only to policy guidelines and directives adopted by the School Committee and, upon the recommendation of said superintendent, to establish and appoint assistant or associate CITY OF SALEM 131 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL superintendents as provided in the Massachusetts General Laws. (2) To make all reasonable rules and regulations for the management of the public school system and for conducting the business of the School Committee as may be deemed necessary or desirable. (3) To adopt and to oversee the administration of an annual operating budget for the school department, subject to appropriation by the City Council. SECTION 4- 4: MAKING REPAIRS, AND EXPENDITURES Except as otherwise provided in The Massachusetts General Laws, and subject to any laws which limit the amount of money that may be appropriated in any city for school purposes, the School Committee, in addition to the powers and duties conferred and imposed by law on School Committees, shall have the general charge for all school buildings and grounds, including but not limited to, provisions for temporary accommodations for school purposes. SECTION 4- 5: LOCATION AND ERECTION OF SCHOOLS ; APPROVALS REQUIRED; ORDINARY REPAIRS No site for a school building shall be acquired by the city unless the approval of the site by the School Committee is first obtained. No plans for the construction of or alterations in a school building shall be accepted, and no work shall be begun on the construction of, or alteration of a school building, without the approval of the School Committee and the Mayor. The Mayor shall notify the School Committee in writing prior to or at the time of each change in plans after work is begun. This section shall not require such approval for the making of ordinary repairs. SECTION 4-6: PROHIBITIONS No member of the School Committee shall hold any other city office or city employment for which a salary or other emolument is 132 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL payable from the city treasury. SECTION 4- 7: COMPENSATION FOR EXPENSES Subject to appropriation and to prior authorization, the School Committee members shall be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their duties. SECTION 4- 8: OPEN AND PUBLIC MEETINGS; YEA AND NAY VOTE. All meetings of the School Committee shall be open to the press and to the public, except as otherwise authorized by the Massachusetts General Laws. The vote on any particular measure shall be by yeas and nays, when requested by two members. SECTION 4- 9: FILLING OF VACANCIES Except as provided in this section, if a vacancy occurs in the school committee by failure to elect, or otherwise, the City Council and the remaining members of the School Committee, shall meet in joint convention and elect a suitable person from the candidates who were on the School Committee ballot for the previous election to fill the vacancy until the first Monday in January following the next regular municipal election; and, if there would be a vacancy on said first Monday, it shall be filled at such regular municipal election for the balance of the unexpired term. The Mayor, if present, shall preside at the convention. Should no School Committee candidate be available or willing to serve, the joint convention shall nominate one or more candidates and shall choose from among such nominations a registered voter of the City of Salem to fill the vacancy. ARTICLE 5 ADMINISTRATIVE ORGANIZATION SECTION 5-1: ADMINISTRATION OF THE GOVERNMENT The organization of the city into operating agencies for the provision of services and the administration of the government may be accomplished only through an organization or reorganization plan, filed by the Mayor. No organization plan may originate through the City Council. CITY OF SALEM 133 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL The Mayor may, subject to express prohibitions in a general law, or this charter, propose to reorganize, consolidate, or abolish any city agency, in whole or in part; or establish such new city agencies as is deemed necessary. The Mayor may from time to time prepare and submit to the City Council plans of organization or reorganization that establish operating divisions for the orderly, efficient or convenient conduct of the business of the city. Every organization or reorganization plan submitted by the Mayor pursuant to this provision shall contain a proposed ordinance which sets out, in detail, such amendments, insertions, revisions, repeals, or otherwise of existing ordinances as may be necessary to accomplish the desired reorganization. Such reorganization plan and proposed ordinance shall be accompanied by a message of the Mayor, which explains the benefits expected to ensue. Whenever the Mayor proposes such a plan the City Council shall hold one 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 that seven or more than fourteen days following said publication. An organization or reorganization plan shall become effective at the expiration of sixty days following the date the proposal is submitted to the City Council unless the City Council shall, by a majority vote, within such period vote to disapprove the plan. The City Council may vote only to approve or disapprove the plan and may not vote to amend or alter it. SECTION 5- 2: OFFICIALS AND EMPLOYEES PROHIBITED FROM MAKING OR SHARING IN MUNICIPAL CONTRACTS (a) No Mayor, no member of the City Council or School Committee, and no officer or employee of the city shall, (1) directly or indirectly make a contract with the city, or, (2) receive commission, discount, bonus, gift, contribution, or reward from, or any share in the profits of any person making or performing such contract. 134 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL (b) If the Mayor, a member of the City Council or School Committee, or an officer or employee, learns of the existence of such a contract, or that such contract is proposed, that individual shall immediately notify in writing the Mayor, City Council, or School Committee of the nature of his or her interest in such contract, and shall abstain from doing any official act on behalf of the city in reference thereto. (c) In case of such interest on the part of an officer whose duty it is to sign such contract, on behalf of the city, the contract may be signed by any other officer of the city duly authorized thereto by the Mayor, or if the Mayor has such interest, by the City Clerk. (d) When a contractor with the city is a corporation or a voluntary stock association, the ownership of less than five percent of the stock or shares actually issued shall not be considered as involving an interest in the contract within the meaning of this section. Such ownership shall not affect the validity of the contract unless the owner of such stock or shares is also an officer or agent of the corporation or association, or solicits or takes part in making of the contract. SECTION 5- 3: PUBLIC CONTRACTS (a) All contracts made by any department, board or commission where the amount involved is five thousand dollars or more shall be in writing. (b) No contract shall be deemed to have been made or executed until approved by the Mayor. (c) Any contract made as aforesaid may be required to be accompanied by a bond with securities satisfactory to the board or official in charge, or by deposit of money, certified check or other security. (d) Such bonds or other securities shall be deposited with the city treasurer until the contract has been carried out in all respects. (e) No such contract shall be altered except by written agreement of the contractor, the sureties of the bond, and the officer, head of the department of board making the contract, and with the signature of the Mayor. CITY OF SALEM 135 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL (f) Any cash deposit or check payable to the city received as security for performance under this section may be deposited by said treasurer in any bank or trust company under a separate account to be known as a performance deposit account. The provisions of this section shall be deemed to have been complied with, on all contracts and purchases made in accordance with the provisions of the Massachusetts General Laws relating to municipal purchasing, are exempt from compliance with the provisions of this section. SECTION 5- 4: PURCHASE OR TAKING OF LAND FOR MUNICIPAL PURPOSES (a) At the request of any department, and with the approval of the Mayor and the City Council, the City Council may, in the name of the city, purchase, or take by eminent domain, in accordance with the provisions of the Massachusetts General Laws, any land within its limits for any municipal purpose after appropriation of the purchase price. (b) Whenever the price proposed to be paid for land for any municipal purpose is more than twenty-five percent higher than its average assessed valuation during the previous three years; the land shall not be purchased, but shall be taken by eminent domain. (c) No land shall be taken or purchased until an appropriation by loan or otherwise, has been made by the City Council. This shall be done by a two-thirds vote of all its members. A price in excess of the initial appropriation shall only be paid if a court of competent jurisdiction awards a larger sum and a supplemental appropriation is voted by two-thirds of the members of the City Council. SECTION 5-5: DESIGNER SELECTION COMMITTEE There shall be a designer selection committee that shall review and approve any public building construction or renovation proposed in the city. The designer selection committee shall consist of three persons appointed by the Mayor subject to confirmation by a majority vote of the City Council. The initial appointments shall be for a term of one (1) year, two (2) years, and three (3) years consecutively. All subsequent appointments shall be for a term of three (3) years. In making his or her appointments to the committee, the Mayor shall seek to assure 136 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL representation from as many of the following areas as is possible: Architecture, landscape architecture, construction industry, art and finance. No architect or design consultant shall be engaged by the city for any purpose unless the name of the firm or individual to be engaged shall first be submitted to the designer selection committee and approved by a majority vote of its members. ARTICLE 6 FINANCE AND FISCAL PROCEDURES SECTION 6-1: FISCAL YEAR The fiscal year of the city shall begin on the first day of July and end on the last day of June unless another period is required by general law. SECTION 6-2: SCHOOL COMMITTEE BUDGET (a) Public Hearing On Proposed Annual Budget— In accordance with Massachusetts General Laws, The School Committee shall hold a public hearing on its proposed annual budget not less than seven days after publication of a notice in a newspaper having general circulation in such city, town or district. Prior to such public hearing the School Committee shall make available to the public at least one copy of the proposed budget for a time period of not less that forty-eight hours at the office of the superintendent of schools or at another location designated by the School Committee. At the time and place so advertised or at any time or place to which such hearing may from time to time be adjourned all interested persons shall be given an opportunity to be heard for or against the whole or any part of the proposed budget. Such hearing shall be conducted by a quorum of the School Committee. For the purposes of this section a quorum shall consist of a majority of the members of the School Committee. SECTION 6-3: SUBMISSION OF BUDGET AND BUDGET MESSAGE Within one hundred and thirty-five days after the annual organization of city government, the Mayor shall submit to the City Council a proposed operating budget for the ensuing fiscal year with an accompanying budget message and supporting documents. The summary shall specifically indicate any major variations from the current operating budget and the reasons for such changes. The notice shall further indicate the times and places at which complete copies of the operating budget for the city are available for examination by the public. CITY OF SALEM 137 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL SECTION 6-4: BUDGET MESSAGE The budget message of the Mayor shall explain the budget for all city agencies both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the city for the ensuing fiscal year, describe important features of the budget, indicated any major variations from the current fiscal year in financial policies, expenditures and revenues together with the reasons for such changes , summarize the city's debt position and include other material as the Mayor deems desirable, or as may be required by the provisions of a city ordinance. SECTION 6- 5: THE BUDGET The proposed operating budget shall provide a complete fiscal plan for all city funds and city activities for the ensuing fiscal year. Except as may otherwise be required by general law, or this charter, it shall be in the form which the Mayor deems desirable, or as a city ordinance may require. In the presentation of the budget, the Mayor shall utilize modern concepts of fiscal presentation so as to furnish an optimum level of information and the best financial control. The budget shall show in detail all estimated income for the proposed property tax levy and from all other sources and all proposed expenditures, including debt service, for the fiscal year. The budget shall be arranged to show the actual and estimated income and expenditures, for the previous, current and ensuing fiscal years and shall indicate in separate sections- 1 Proposed expenditures for current operations during the ensuing fiscal year, detailed by city agency and position, in terms of work programs, and the method of financing such expenditures; 2 Proposed capital expenditures during the ensuing fiscal year, detailed by city agency, and the proposed method of financing such capital expenditure; 3 The relationship of each proposed capital expenditure to the capital improvement program required to be submitted by city ordinance; and 4 Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes. SECTION 6-6: ACTION ON THE BUDGET 138 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL (a) Review — The City Council shall consider, in open public meetings, the detailed expenditures proposed for each city agency and may confer with representatives of each such agency in connection with its review and consideration. The City Council may require the Mayor, or any other city agency, to furnish it with such additional information as it may deem necessary to assist it in its review and consideration of the proposed operating budget. (b) Action by the City Council — The City Council shall adopt the budget, with or without amendments, within forty-five days following the day the proposed budget is received by it. In amending the budget, the City Council may delete or decrease any programs or amounts except expenditures required by law, or for debt service, but, the City Council shall have no authority to add programs or increase amounts. If the City Council fails to take any action with respect to any item in the proposed budget, such amount shall, without any action by the City Council, become a part of the appropriations for the ensuing fiscal year and shall be available for the purposes specified; as specified in the Massachusetts General Laws. SECTION 6-7: PERSONAL LIABILITY FOR EXPENDITURES IN EXCESS OF APPROPRIATIONS No official of the City of Salem, except in the case of an emergency involving health and safety of the people or their property, shall expend in any fiscal year any sum in excess of the appropriations duly made in accordance with law, nor involve the city in any contract for the future payment of money in excess of such appropriations. It is the intention of this section that the provisions of section thirty-one of chapter forty-four of the General Laws shall be strictly enforced. ARTICLE 7 ELECTIONS AND ELECTION RELATED MATTERS SECTION 7- 1: CITY ELECTIONS The regular city election shall be held on the first Tuesday following the first Monday in November, in each odd numbered year. A preliminary election shall be held not less than four nor more than eight weeks prior to the general election on a Tuesday; the City CITY OF SALEM 139 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL Clerk shall recommend such date, which must be approved by the City Council. The date shall not conflict with any civil or religious holidays. All city elections shall be non-partisan and no party mark, emblem or other designation shall appear on any ballot used at a preliminary or general election for city offices. SECTION 7- 2: PRELIMINARY ELECTIONS (a) Nomination Papers — Nomination papers shall be obtained from the City Clerk's office. The final date for obtaining blank nomination papers for nomination to a city office shall be forty-eight week day hours prior to the hour on which nomination papers are required to be submitted to the Registrars of Voters for certification. (b) Signature Requirements — The number of signatures of voters required to place a candidate on the official ballot to be used at a preliminary election shall be as follows: for the office of Mayor, Councilor at Large, and School Committee not less than one hundred certified signatures, Forward councilor, a minimum of twenty-five certified signatures shall be required. All voter signatures for the nomination of a ward councillor must be from the ward in which the nomination is sought. (c) Submission and Certification of Signatures: Candidates seeking nomination shall submit nomination papers to the City Clerk's office on or before 5.00 p.m. on the seventh Tuesday preceding the preliminary election. Nomination papers obtained from the City Clerk's office must be signed and notarized prior to submission to the Board of Registrars. Upon submission of nomination papers to the City Clerk, the candidate shall receive a receipt stating the number of signature submitted to the Board of Registrars of Voters. The Board of Registrars of Voters shall have fourteen days to complete the certification process, and shall file the results with the City Clerk on or before 5.00 p.m. of the day next following fourteen days provided for certification. Upon submission of nomination papers, a candidate seeking recognition as a veteran must provide such documentation on veteran status as the general laws determine to be necessary to the City Clerk. (d) Ballot Position — The order in which names of candidates appear on the ballot for each office at the preliminary election shall be 140 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL determined by a drawing by lot, conducted by the City Clerk at a meeting held in the council chambers. Such drawing shall be scheduled promptly upon certification of candidate signatures by the Board of Registrars of Voters and shall be held within one week following the completion of the certification process. (d) Condition Making Preliminary Unnecessary — If at the expiration of time for nomination papers of candidates to be voted upon at any preliminary election not more than twice as many such statements have been filed with the City Clerk for an office as candidates are to be elected to such office, the candidates whose statements have been filed with the City Clerk shall be deemed to have been nominated to such office, and their names shall be voted upon for such office at the succeeding general election, and the City Clerk shall not print their names on the ballots to be used at said preliminary election and no other nomination to such office shall be made. If in consequence it shall appear that no names are to be printed upon the official ballots to be used in any particular ward or wards of the city, no preliminary election shall be held in such ward or wards. (e) Official Preliminary Ballot — The ballot format shall be as provided by the general laws for preliminary elections. SECTION 7- 3: BALLOT POSITION Unless otherwise provided by the general laws, the order in which names of candidates appear on the ballot for each office at municipal elections shall be determined by a drawing, by lot, conducted by the City Clerk at a meeting held in the council chambers. Such drawing shall be scheduled promptly upon certification of the preliminary election results. SECTION 7- 4: WARDS The territory of the city shall be divided into seven wards so established as to consist of as nearly an equal number of inhabitants in each ward as possible, in compact and contiguous territory, bounded insofar as possible by the center line of known streets or ways and by other well-defined limits. Each such ward shall be composed of voting precincts otherwise established in accordance with general laws. The City Council shall from time to CITY OF SALEM 141 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL time, but at least once in each ten years, review such wards to insure their uniformity in number of inhabitants. SECTION 7- 5: APPLICATION OF STATE GENERAL LAWS Except as expressly provided in this charter, all city elections shall be governed by the general laws relating to the right to vote, the registration of voters, the nomination of candidates, the conduct of preliminary, general and special elections, the ballot format, the counting of votes, the recounting of votes, and the determination of the results. The general laws shall also govern the submission of charters, charter amendments and other propositions to the voters. SECTION 7- 6: FREE PETITION The City Council or the School Committee shall hold a public hearing on and act with respect to, every petition which is addressed to it, which is signed by one hundred and fifty voters or more, and which seeks the passage of a measure. The hearing shall be held by the City Council or the School Committee, or, in either case, by a committee or sub-committee thereof, and the action by the City Council or the School Committee shall be taken not later than six weeks after the petition is filed with the Clerk of the City Council or the secretary of the School Committee, as may be appropriate. Hearings on two or more petitions filed under this section may be held at the same time and place. The Clerk of the City Council or the secretary of the School Committee shall mail notice of the hearing to the ten persons whose names appear first on the petition at least seven days prior to the hearing. Notice, by publication, of all such hearings shall be at public expense. SECTION 7- 7: CITIZEN INITIATIVE MEASURES (a) Commencement of proceedings. Initiative procedures shall be commenced by the filing of an initiative petition with the City Clerk. The petition shall be addressed to the City Council or the School Committee, shall contain a request for passage of a particular measure set forth in the petition and shall be signed by not less than twenty percent of the total number of voters. Signatures to initiative petitions need not be all on one paper. All such papers pertaining to any one measure shall be fastened together and shall be filed in the office of the City Clerk as one 142 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL instrument, with the endorsement thereon of the names and addresses of the persons designated as filing the same. With each signature to the petition, shall be stated the place of residence of the signer, giving the street and number, if any. Within ten days of the filing of said petition the registrars of voters shall ascertain by what number of voters the petition is signed, and shall attach thereto their certificate showing the result of such examination. The City Clerk shall forthwith transmit the said certificate with the said petition to the City Council or to the School Committee, as appropriate, and at the same time shall send a copy of said certificate to the persons designated on the petition as filing the same. When such certificate has been so transmitted, said petition shall be deemed to be valid unless written objections are made with regard to the signatures thereon by a voter within forty-eight hours after such certification by filing such objections with the City Council or the School Committee, and a copy thereof with the registrars of voters. Any such objection shall be determined forthwith. (b) Referral to city solicitor. If the City Clerk determines that a sufficient number of signers are voters, the City Clerk shall transmit a copy of the petition to the city solicitor. Within fifteen days after receipt by the city solicitor of the petition, the city solicitor shall advise the City Clerk in writing whether the measure may be proposed by initiative procedures and whether it may be lawfully passed by the City Council or the School Committee. If the opinion of the city solicitor is that the measure may not lawfully be passed, the city solicitor shall state the reason or reasons therefore in said reply. The City Clerk shall forthwith furnish a copy of the city solicitor's opinion to the person designated on the petition as filing the same. (c) Initiative petition; requirements for passage and submission to electorate. If any initiative petition is signed by voters equal in number to at least twenty percent of the total number of voters, and in the opinion of the city solicitor, such measure may be lawfully passed by the City Council or School Committee, the City Council or School Committee within thirty days after the date of the CITY OF SALEM 143 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL certificate of the registrars to that effect: (1) may pass said measure without alteration, subject to the referendum vote provided in his charter; or (2) the City Council shall call a special election to be held at a date fixed by it not less than sixty days after the date of the certificate herein mentioned, and shall submit the proposed measure without alteration to a vote of the voters at that election; provided, however, that if any city election is otherwise to occur within one hundred twenty days after the date of said certificate, the City Council may, at its discretion, omit the calling of a special election and submit the proposed measure to the voters at such approaching election. The ballots used when voting upon a proposed measure under this section shall state the nature of the measure in terms sufficient to show the substance thereof. (d) Ballot question. The ballots used when voting upon a proposed measure under this section shall state the nature of the measure in terms sufficient to show the substance thereof by preparation of a fair, concise summary by the city solicitor and approved by the registrars of voters. The full text of the measure shall be published in a least one newspaper of general circulation in the city at least seven days before the election at which the question shall appear on the ballot. The ballot used when voting upon a proposed measure under this section shall contain the question in substantially the following form: Shall the following measure which was proposed by an initiative petition take effect. (Text of measure summary) YES NO If a majority of the votes cast on the question is in the affirmative the measure shall be deemed to be effective forthwith, unless a later date is specified in the measure. SECTION 7 — 8: CITIZEN REFERENDUM PROCEDURES If within ten days after final passage of any measure signed by voters equal in number to at least five percent of the total number of voters, and 144 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL addressed to the City Council or to the School Committee, as the case may be, shall immediately reconsider such measure or part thereof; and if such measure or part thereof is not entirely rescinded, the City Council shall submit the same, by the method herein provided, to a vote of the voters either at the next regular city election, or at a special election which may, in its discretion, be called for the purpose and such measure or part thereof shall forthwith become null and void unless a majority of the voters voting on the same at such election vote in favor thereof. The petition described in this section shall be termed a referendum petition and paragraph (a) of section 8-2 shall apply to the procedure in respect thereto, except that the words measure or part thereof protested against shall for this purpose be understood to replace measure in said section whenever it may occur, and referendum shall be understood to replace the word initiative in said section. SECTION 7- 9: REQUIRED VOTER PARTICIPATION For any measure to be effective under initiative or referendum procedures at least thirty percent of the vote at an election upon which an initiative or referendum question is submitted to the voters. SECTION 7-10: MEASURES NOT SUBJECT TO INITIATIVE AND REFERENDUM Measures which include the following subject matter shall not be subject to initiative and referendum procedures: (a) revenue loan orders; (b) appropriations for, the payment of debt or debt service; (c) internal operational procedures of the City Council and the School Committee; (d) emergency measures; (e) the city budget or any appropriation contained therein; (f) the School Committee budget or any appropriation contained therein. (g) the capital improvements program or any item contained therein, (h) appropriation of funds to implement a collective bargaining agreement; (i) procedures relating to election, appointment, removal, discharge or any other personnel action; and 0) proceedings providing for the submission or referral of a measure to the voters at an election. SECTION 7- 11: SUBMISSION OF PROPOSED MEASURE TO VOTERS The City Council may, of its own motion, and shall, upon request of the School Committee if a measure originates with that committee and pertains to the affairs under its administration, submit to a vote of the voters for adoption or rejection at a general or special city election any proposed measure, or a proposition for the repeal or amendment of any CITY OF SALEM 145 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL measure, in the same manner and with the same force and effect as are hereby provided for submission on petition. SECTION 7-12: MEASURES WITH CONFLICTING PROVISIONS If two or more proposed measures passed at the same election contain conflicting provisions, only the one receiving the greater number of affirmative votes shall take effect. SECTION 7- 13: RECALL OF ELECTED OFFICIALS (a) Application. Any person who holds an elected city office with more than six months remaining of the term of office at the time of the filing of the affidavit may be recalled from the office by the voters in the manner provided in this section. No recall petition may be filed against an elected official within six months after taking office. (b) Recall petitions. A recall affidavit signed by at least three hundred for any official elected at large and by at least one hundred for any officer elected by district may be filed with the City Clerk containing the name of the office whose recall is sought and a statement of the grounds for re- call. The board of registrars of voters shall certify such petitions with regard to the sufficiency and validity of the signatures of voters and within five working days following such filing the City Clerk shall deliver to the ten persons first named on such petitions, petition blanks demanding said re- call, printed forms of which the City Clerk shall keep available. The blanks may be completed by printing or typewriting; they shall be addressed to the City Council; they shall contain the names of the ten persons to whom they are issued and the grounds for the recall as stated in the affidavit; they shall be dated and signed by the City Clerk. A copy of the petition shall be entered into the records kept in the office of the City Clerk. The recall petitions shall be returned to the office of the City Clerk within twenty days following the date they are issued, signed by at least twenty percent of the total number of persons who voted at the most recent municipal election for officials elected at large, and for officials elected by district, signed by at least twenty percent of the total number of persons who voted at the most recent municipal election from the district the official sought to be recalled represents. The City Clerk shall forthwith submit the petition to the registrars of voters, and the registrars shall within five working days certify thereon the names 146 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL of the registered voters of the city, or from the district represented by the official sought to be recalled. (c) Recall election. If the petition shall be found and certified by the City Clerk to be sufficient, the City Clerk shall submit the same with such certificate to the City Council within five working days, and the City Council shall forthwith give written notice of the receipt of the certificate to the official sought to be recalled, and shall, if the official does not resign within five days thereafter, order an election to be held on a date fixed by them not less than sixty days after the date of the City Clerks certificate, provided however, that if any city election is otherwise to occur within one hundred and twenty days after the date of said certificate, the City Council may, at its discretion, omit the calling of a special election and submit the proposed recall to the voters at such approaching election. The recall election for any official elected by district shall only be held in the district that the official represents. If a vacancy occurs in said office after a recall election has been ordered, the election shall not proceed as provided in this section. (d) Office Holder. The incumbent shall continue to perform the duties of the office until the recall election. If said incumbent is not recalled, the incumbent shall continue in office for the remainder of the unexpired term, subject to recall as before. If recalled, the official shall be deemed removed, and the office vacant. The vacancy created thereby shall be filled in accordance with this charter. Any person appointed to fill the vacancy caused by such recall shall hold office for the unexpired term of the official recalled. (e) Ballot Question. The form of the question to be voted upon shall be substantially as follows: Shall — (here insert the name and title of the elected official whose recall is sought - be recalled) If a majority of the votes cast upon the question of call is in the affirmative, such elected official shall be recalled. No recall election shall be effective unless at least forty percent of those entitled to vote shall have voted. (f) Repeat of Recall. In the case of an official subjected to a recall election and not recalled thereby. no recall petition shall be filed against such an official until at least sixty days after the election at which the officials recall was submitted to the voters of the city. CITY OF SALEM 147 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL (g) Office Holder Recalled. No person recalled from office or who has resigned from office while recall proceedings were pending against such person, shall be appointed to any office or employment under the city within two years after such recall or resignation. SECTION 7- 14 : RECALL ELECTIONS (a) Application — Any person holding an elected office (Mayor, Member of the City Council or member of the School Committee), may be recalled from such office by the voters in the following manner. 1 The holder of an elected office in the City of Salem may be recalled therefrom by the registered voters of the city as provided in this act. 2 A recall affidavit signed by at least five hundred registered voters including at least fifty names of voters from each of the wards of the city for any official elected at large, and a recall affidavit signed by at least one hundred register voters residing the in the incumbent's ward for any officer elected by the ward, may be filed with the City Clerk containing the name of the office whose recall is sought and a statement of the grounds for the recall. Upon certification of the required signatures, the clerk shall thereupon deliver to the first named voter on the affidavit copies of the petition blanks addressed to the City Council demanding the recall, copies of which printed forms the clerk shall keep available. The blanks shall be issued by the City Clerk with his or her signature, and official seal attached thereto. They shall be dated, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to the office. A copy of the petition shall be entered in a record book to be kept in the office of the City Clerk. The recall petition shall be returned and filed with the clerk within twenty one days after the filing of the affidavit and signed by at least fifteen percent of the registered voter of the city as of the date the affidavit was filed with the City Clerk, including a minimum of one hundred registered voters residing in each ward of the city, for any official elected at large, and for officials elected by ward, signed by at least fifteen percent of the registered voters in the ward the official sought to be recalled represents on the date the affidavit was filed with the City Clerk. To every signature shall be added the place of residence of the signer, giving the street 148 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL number and the ward and precinct. The clerk shall within seventy- two working hours of receipt thereof certify thereon the number of signatures that are names of registered voters of the city. 3. If the petition shall be found and certified by the City Clerk to be sufficient, he or she, shall submit the same with his or her certificate to the City Council at its next scheduled meeting and the City Council shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If the officer does not resign within five days thereafter, the council shall order an election to he held on a date fixed by them, not less than seventy nor more than ninety days after the date of the clerk's certificate that a sufficient petition has been filed; but if any other city election is scheduled to occur within one hundred days after the date of the certificate, the council shall postpone the holding of the recall election to the date of the other election. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section. 4 An officer sought to be removed may be a candidate to succeed him/herself and, unless he or she requests otherwise in writing, the City Clerk shall place his or her name on the ballot without nomination and without completion of the candidate's statement. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this act. However, no preliminary election shall be conducted. A candidate's statement shall be filed no later than the deadline for filing nomination papers with the board of registrars for certification. 5 The incumbent shall continue to perform the duties of his or her office until the recall election. If he or she is not recalled, he or she shall continue in office for the remainder of his or her unexpired term, subject to recall as before, except as provided herein. If he or she is recalled, he or she shall be deemed removed upon the qualification of his or her successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his or her election, the incumbent shall thereupon be deemed removed and the office vacant. 6 Ballots used in a recall election shall submit the following propositions in the order indicated. CITY OF SALEM 149 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL For the recall of (name of officer) (office held). Against the recall (name of officer) (office held) Adjacent to each proposition, there shall be a place to vote for either of the propositions. Under the proposition shall appear the word "Candidates" and the directions to voters required by the provisions of the Massachusetts General Laws and, beneath this, the names of candidates nominated. If a majority of the votes cast upon the question of recall is in the affirmative, then the candidate receiving the highest number of votes upon the question of recall is in the affirmative, then the candidate receiving the highest number of votes shall be declared elected. If a majority of the votes cast upon the question is in the negative, then the ballots for the candidates need not be counted. If fewer than twenty-five per cent of the registered voters of the city, participate in the election of a recall for an official elected at large, or if fewer than twenty-five percent of the registered voters of a ward participate in the election of a recall for an official elected by said ward, no votes need be counted and the election shall be deemed to have determined that the incumbent should not be recalled. 7 No recall petition shall be filed against an officer in the last six months of his or her term, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least one year after the election at which his or her recall was submitted to voters of the city has elapsed. 8 No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against them shall be appointed to any office within two years after the recall or resignation. ARTICLE 8 GENERAL PROVISIONS SECTION 8-1: CHARTER CHANGES (a) In General - This charter may be replaced, revised or amended in accordance with any procedure made available under the state constitution, or by statutes enacted in accordance with the state. (b) Periodic Review — The City Council shall provide, in every year ending in eight for the review of the charter by a special or standing 150 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL committee of nine members, five of which shall be appointed by the City Council and four additional persons, who shall be voters to be appointed by the Mayor. At least two of the persons appointed by the City Council shall be members of the City Council and the remaining members shall be voters of the city. Said members will hold their first meeting no latter then the first day of July. The special committee shall file its report with the City Clerk, to be placed on the agenda by the first meeting of May in the year following the year in which the committee is appointed. If no action is taken within the thirty day period, no other business will be in order until such report is acted on by roll call vote. (c) Determination of compensation for Budget Management Analyst — The annual cost of the compensation for the Budget Management Analyst Consultant shall not be less than thirty percent nor more than fifty percent of the Finance Directors salary. The position and the compensation for the Budget Management Analyst shall be included in the City Council budget. SECTION 8-2: SEVERABILITY The provisions of this charter are severable. If any provision of this charter is held invalid, the other provisions shall not be affected thereby. If the application of this charter or any of its provisions, to any person or circumstance is held invalid, the application of this charter and its provisions to other persons or circumstances shall not be affected thereby. SECTION 8-3: SPECIFIC PROVISION TO PREVAIL To the extent that any specific provision of this charter may conflict with any other provision expressed in general terms, this specific provision shall prevail. SECTION 8-4: RULES AND REGULATIONS A copy of all rules and regulations adopted by city agencies shall be placed on file in the office of the agency and shall be available for review by any person who requests such information at any reasonable time. No rule or regulation adopted by any city agency subsequent to the adoption of this charter shall become effective until five days following the date it is so filed. CITY OF SALEM 151 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL (a) Computation of Time — In computing time under this charter, if less than seven days "days" shall not include Saturdays, Sundays, or legal holidays. If seven days, or more, every day shall be counted. (b) References to General Laws — All references to General Laws contained in the charter refer to the General Laws of the Commonwealth of Massachusetts, and are intended to refer to and to include any amendments or revisions to such chapters or sections, or to corresponding chapters and sections of any rearrangement, recodification, or revisions of such statutes enacted or adopted subsequent to the adoption of this charter. SECTION 8-5: TRANSITIONAL PROVISIONS All general laws, special laws, city ordinances, City Council votes, and rules and regulations of or pertaining to the city when this charter takes effect, and not specifically or by implication repealed hereby, 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. SECTION 8- 6: CONTINUATION OF GOVERNMENT AND ADMINISTRATION All city agencies shall continue to perform their duties until re- elected, re-appointed, 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. SECTION 8- 7: EFFECT ON OBLIGATIONS, TAXES, ETC. All official bonds, recognizance's, obligation, contracts, and other instruments entered into or executed by or to the city before the adoption of this charter, and all taxes, assessments, fines, penalties, 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 the charter; and no legal act done by or in favor of the city shall be rendered invalid by reason of adoption of this charter. 152 CITY OF SALEM MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL SECTION 8- 8: TIME OF TAKING EFFECT The provisions of this charter shall take full effect following the inauguration of the Mayor and the organization of the city government on the first Monday in January in the year following the year in which the charter is adopted, except as is herein provided. (a) Budget Management Analyst - The provisions of Article 2 — Section 2-3 (d) establishes the use of a consultant for a Budget Management Analyst under the City Council. It is the intention of the charter that the consultant be hired by July 1, 2004. (b) Two Year Term of Office for Mayor - The provisions of Article 3 — Section 3-1 (b) establishes the reduction for the term of office of the Mayor from a four-year term of office, to a two-year term of office. The current Mayor shall serve for the balance of the term for which elected, and successors shall be chosen for terms of two years as of the term of office beginning on the first Monday in January 2006. #415 — BLOCK PARTY— SCENIC AVE. The request of the residents of Scenic Avenue to hold a Block Party on July 5, 2003, was granted. #416 —VEHICLE FOR HIRE LICENSE, TOUR BUS, EARNEST BASS The request of Earnest Bass for a Vehicle for Hire License for his Tour Bus Company, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #417 -#418 — DRAINLAYER/CONTRACT OPERATOR LICENSE The following Drainlayer/Contract Operator license applications were granted. H.W. Murphy Construction Co., Inc., 6 Kingdom Ct., Peabody #419 -#422 — CLAIMS The following claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. CITY OF SALEM 153 MAY 8, 2003 REGULAR MEETING OF THE CITY COUNCIL Janelle Arrigo, 8 Linden Avenue, Salem John Flaherty, 8A Herbert St., Salem Margaret Mullaney, 4 Longfellow Lane, Salem Eric Souvannakane, 12 Eutaw Avenue, Lynn #423 — DRAINLAYER BOND The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. H.W. Murphy Construction Co., Inc., 6 Kingdom Ct., Peabody (#367) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, TOW ZONE, LAUREL STREET The matter of second and final passage of an Ordinance amending Traffic, Section 74, Tow Zone on Laurel Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Leary, the meeting adjourned at 7.55 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK