City of Chelsea, MA - City Charter as of June 30, 2002

The people of the city of Chelsea, desiring to manage their own affairs and conduct their local government so that it is accountable, stable, fiscally responsible and efficient, honest, fair, representative, and according to a code of ethics, and wishing to participate fully in exercising the rights and responsibilities of local government, do adhere to this charter.

We assert our willingness to assume all responsibility for the conduct of matters pertaining to the city, and do by this document earnestly affirm our right as inhabitants of Chelsea, to live and grow in freedom, dignity, tranquility and prosperity. Under God with religious freedom, we secure these qualities to ourselves, realizing them in the community of Chelsea and its government, which provides for a system of law, education, public safety, and public health.

The inhabitants of the city of Chelsea, within its territorial limits as now or may hereafter be established by law, shall continue to be a body poli-tic and corporate, under the name of the city of Chelsea and as such shall have, exercise and enjoy all the rights, immunities, powers and privileges. and shall be subject to all the duties and obligations, now incumbent upon and pertaining to the said city, as a municipal corporation. (Amended 8-26-94)

The intent and purpose of this charter is to secure for the voters of the city of Chelsea, through the adoption of this charter, all the powers possible to secure for their government under Article LXXXIX of the Amendments to the Constitution of the Commonwealth and laws of the commonwealth, as fully and as though each such power were specifically and individually enumerated herein. (Amended 8-26-94)

(a) Composition. There shall be a city council composed of eleven members which shall exercise the legislative powers of the city. Three members, to be known as councillors-at-large, shall be nominated and elected by and from the voters at large. Eight members, to be known as district councillors, shall be nominated and elected by and from the voters of each district, one such district councillor to be elected from each of the eight council districts into which the city is divided in accordance with section 7-4.

A councillor-at-large who shall remove from the city during the term for which such councillor-at-large was elected shall be deemed to have vacated the office of councillor-at-large and the office shall be considered vacant. A district councillor who shall remove from one district to another during the term of office for which such district councillor was elected shall be deemed to have vacated the office of district councillor and the office shall be con-sidered vacant. Any vacancy in the office of councillor-at-large or district councillor shall be filled in accordance with section 2-4.

After the councillors-elect have taken the oath of office, the city coun-cil shall be called together by the city clerk for the purpose of conduct in an election among city council members for the office of city council president and vice-president to serve at the pleasure of the city council. The president shall preside at all meetings of the city council, perform ceremo-nial functions and perform such other functions as may be assigned by this charter, by ordinance or by vote of the city council. The vice-president shall perform all duties of the president during the presidents absence or disability. The city council shall elect from among its members one councillor to sit as a non-voting member of the school committee; this member shall serve at the pleasure of the city council. (Amended 8-26-94)

If a vacancy occurs in the office of city councillor, whether by failure to elect or otherwise, the remaining councillors shall, within thirty days following the date of such vacancy, act to fill said vacancy. The city coun-cil shall fill the vacancy for the remainder of the unexpired term by choosing the defeated candidate for said seat from the last regular city election; pro-vided, however, that the defeated candidate shall have received at least twen-ty percent of the total votes cast for that office. If there was no other candidate for said office or the defeated candidate shall not have received at least twenty percent of the total votes cast, the city council shall at its discretion choose an individual, who may be the defeated candidate, from among the voters entitled to vote for such office to serve for the remainder of the unexpired term. Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein provided, if a regular city election is to be held within one hundred and twenty days following the date the vacancy occurs. (Amended 8-26-94)

(b) Quorum. A quorum shall be a majority of the full city council. The affirmative vote of a majority of the full city council shall be necessary to adopt any appropriation order. An affirmative vote of two-thirds of the full city council shall be necessary to adopt any loan authorization. Except as otherwise provided by the laws of the commonwealth or this charter, any other motion or measure may be adopted by a majority vote of those present.

(c) Rules of procedure. The city council shall from time to time adopt rules for its proceedings. Regular meetings of the city council shall be held at a time and place fixed by ordinance, but shall be not less frequent than once monthly; provided however, that the city council president may suspend meetings during the months of July and August. Special meetings of the city council may be held on the call of the president of the city council, or on the call of any five or more members; by written notice delivered to the city clerk at least forty-eight hours in advance of the time set. Except as other-wise authorized by the laws of the commonwealth, all sessions of the city council shall be open to the public and the agenda of any regular or special city council meeting shall be available to the public in the office of the city clerk and posted on the city bulletin board at least forty-eight hours prior to any such meeting. Such posting shall not preclude the city council from the introduction of additional agenda items as allowed by the city council's rules of procedure. Every matter coming before the city council for ac-tion shall be put to a vote, the result of which shall be duly recorded. All city council votes on ordinances, appropriation orders, or loan authorizations shall be taken by roll call vote, and shall be duly recorded. A full, accu-rate, and up-to-date record of the proceedings of the city council shall be kept by the clerk of the city council and shall be open to inspection by the public.

(a) In general. No ordinance, appropriation or loan authorization shall be passed finally on the date on which it is introduced, except in cases of emergency measures involving the health or safety of the people or their property. Except as otherwise provided by this charter, every adopted measure shall become effective at the expiration of fourteen days after adoption or at any later date specified therein. Measures not subject to referendum shall become effective upon adoption. No or-dinance shall be amended or repealed, except by another ordinance adopted in accordance with this charter, or as provided in the initiative and referendum procedures.

(b) Emergency measures. An emergency measure shall be introduced in the form and manner prescribed for measures generally except that it shall be plainly designated as an emergency measure and shall contain statements after the enacting clause declaring that an emergency exists and describing its scope and nature in clear and specific terms. A preamble that declares and defines the emergency shall be separately voted on and shall require the af-firmative vote of two-thirds of the city council. An emergency measure may be passed with or without amendment or rejected at the meeting at which it is in-troduced. No measure making a grant, renewal or extension, whatever its kind or nature, or a franchise or special privilege shall be passed as an emergency measure, and except as provided by the laws of the commonwealth, no such grant, renewal or extension shall be made otherwise than by ordinance. After its adoption, an emergency measure shall be published as prescribed for other adopted measures. An emergency measure shall become effective upon adoption or at such later time as it may specify.

(c) Objection. On the first occasion that the question on adoption of a measure is put to the city council, if a single member objects to the taking of the vote, the vote shall be postponed until the next meeting of the city council whether regular or special. If three members shall object, such post-ponement shall be until the next regular meeting; but for an emergency measure at least four members must object. This procedure shall not be used more than once for any measure notwithstanding any amendment to the original measure.

(d) Publication of measures. Upon final passage, notice of every ordinance, appropriation order, or loan authorization shall be published by the city clerk in at least one newspaper of general circulation within the city within fourteen days, and posted on the city bulletin board. Any such publi-cation notice required shall state the summary of the finally enacted ordinance or ordinances, appropriation order, or loan authorization, and the times and places at which copies of such measures may be obtained or reviewed by the public. (Amended 8-26-94)

The city council shall have the authority to require any officer, employee or member of a multiple-member body to appear and give such information as re-quired in relation to the function and performance of the office or position held by such person. The city council shall give at least forty-eight hours written notice of the general scope of the inquiry which is to be made to any person it shall require to appear before it under this section.

No councillor shall, while a member of the city council, hold any other office, including membership on a multiple-member body, or other position un-der the city. No former councillor shall hold any compensated appointive of-fice or employment under the city until one year after the expiration of his service on the city council. This provision shall not prevent a city officer or employee who has been granted a leave of absence from such duties in order to serve as a member of the city council from returning to such office or em-ployment following service as a member of the city council.

Any councillor who has been finally convicted of a criminal offense in-volving misconduct in any elective or appointive public office, trust or em-ployment at any time held by him shall be deemed to have vacated office and hall not be eligible to serve in any other elective or appointive office or position under the city. (Amended 8-26-94)

No ordinance increasing such salary shall be effective, however, unless it shall have been adopted by a two-thirds vote of the full city council during the first eighteen months of the term for which councillors are elected, and the revised salary schedule is to be effective upon the commencement of the terms of office of the next city council to be elected. (Amended 8-26-94)

(b) Eligibility. Except as otherwise provided by this charter, any voter shall be eligible to hold the office of school committee member. A school committee member who shall remove from the city during the term for which such school committee member was elected shall be deemed to have vacated the office of school committee member and the office shall be considered vacant. Any va-cancy in office shall be filled in accordance with section 3-2.

(d) Powers and duties. The school committee shall have all the powers and duties given to school committees by the laws of the commonwealth. The school committee shall have general charge of the public schools of the city. The school committee shall have the power to select and to terminate a super-intendent of schools, establish educational goals and policies for the schools consistent with the requirements of the laws of the commonwealth and standards established by the commonwealth. (Amended 8-26-94)

If a vacancy occurs in the membership of the school committee whether by failure to elect or otherwise, the president of the city council shall, within thirty days following the date of such vacancy, call a joint meeting of the city council and the school committee to act to fill said vacancy. At any such joint meeting a majority of those present and voting shall fill the va-cancy for the remainder of the unexpired term by choosing the defeated candi-date for said seat at the last regular city election, provided however, that the defeated candidate shall have received at least twenty percent of the to-tal votes cast for that office. If the defeated candidate shall not have received at least twenty percent of the total votes cast, the city council and the school committee shall at their discretion choose an individual, who may be the defeated candidate, from among the voters to serve for the remainder of the unexpired term. Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein provided, if a regular city election is to be held within one hundred and twenty days following the date the vacancy is declared to exist. (Amended 8-26-94)

No school committee member shall, while a member of the school committee, hold any other office, including membership on a multiple-member body, or po-sition under the city. No former school committee member shall hold any com-pensated appointive office or employment under the city until one year after the expiration of his service on the school committee. This provision shall not prevent an officer or employee who has taken a leave of absence from such duties in order to serve as a member of the school committee from returning to such office or employment following service as a member of the school commit-tee.

Any school committee member who has been finally convicted of a criminal offense involving misconduct in any elective or appointive public office, trust or employment at any time held by him shall be deemed to have vacated office and shall not be eligible to serve in any other elective or appointive office or position under the city. (Amended 8-26-94)

No vote increasing such salary shall be effective however, unless it shall have been adopted by a two-thirds vote of the full school committee during the first eighteen months of the term for which school committee members are elected, and the revised salary schedule is to be effective upon the commencement of the terms of office of the next school committee to be elected. (Amended 8-26-94)

The city council shall appoint and may remove by an affirmative vote of seven members the city manager. The city manager shall be a person of proven administrative ability, especially qualified by education and training with at least five years prior experience as a city or town manager, or an assistant city or town manager or the equivalent public sector level experience, and shall hold a bachelors degree or similar or higher level degree from a recognized, accredited college or university. The city council may from time to time establish such additional qualifications as deemed necessary and appropriate.

The city manager shall appoint all members of multiple-member bodies pro-vided, however, that appointments made by the city manager shall become effec-tive on the thirtieth day following the day on which notice of the proposed appointment is filed with the city council, unless the city council shall within such period by majority of the full city council vote to reject such appointment or has sooner voted to affirm it.

The city manager shall be the chief administrative officer of the city and shall be responsible to the city council for the proper operation of city af-fairs for which the city manager is given responsibility under this charter. The powers, duties and responsibilities of the city manager shall include, but are not intended to be limited to, the following:

(a) to supervise, direct and be responsible for the efficient administra-tion of all officers and employees appointed by the city manager and their re-spective departments and of all functions for which the city manager is given responsibility, authority or control by this charter, by ordinance, or by vote of the city council;

(l) to be responsible for the negotiation of all collective bargaining agreements with city employees over wages, and other terms and conditions of employment. The city manager may employ special counsel to assist in the per-formance of these duties. Cost items of collective bargaining agreements shall be subject to the approval of the city council;

(p) to delegate, authorize or direct any subordinate officer or employee of the city to exercise any power, duty or responsibility which the office of city manager is authorized to exercise, provided, that all acts that are per-formed under such delegation shall be considered to be the acts of the city manager;

Any vacancy in the office of city manager shall be filled as soon as pos-sible by the city council. Pending appointment of the city manager or the filling of any vacancy, the city council shall forthwith appoint some other person to perform the duties of the city manager. The appointment of the act-ing city manager shall be for a term not to exceed three months; provided, however, that a renewal, not to exceed an additional three months may be pro-vided. (Amended 8-26-94)

The city manager shall designate by letter filed with the city council and city clerk a qualified officer or employee of the city to perform the duties of the city manager during a temporary absence or disability, such officer or employee to be approved by vote of the city council. In the event of failure of the city manager to make such designation or if the officer or employee so designated is for any reason unable to serve, the city council may designate some other qualified officer or employee to perform the duties of the city manager until the city manager shall return. (Amended 8-26-94)

The powers of the acting city manager under section 4-5 and the temporary city manager under section 4-6 shall be limited to matters not admitting of delay, provided however, that no temporary city manager under section 4-6 shall have the power to make any permanent appointment to, or removal from, any office or position under the city. (Amended 8-26-94)

The president of the city council shall call a joint meeting of the city council and school committee prior to the commencement of the budget process to review the financial condition of the city, revenue and expenditure fore-casts, and other relevant information prepared by the city manager in order to develop a coordinated budget. The superintendent of schools and the city man-ager shall be present at any such meeting. (Amended 8-26-94)

At least sixty days before the commencement of the ensuing fiscal year, the city manager shall submit to the city council a proposed operating budget for all city agencies, which shall include the school department, for the en-suing fiscal year with an accompanying budget message and supporting docu-ments. The budget message submitted by the city manager shall explain the operating budget in fiscal terms and in terms of work programs for all city agencies. It shall outline the proposed fiscal policies of the city for the ensuing fiscal year, describe important features of the proposed operating budget and indicate any major variations from the current operating budget, fiscal policies, revenues and expenditures together with reasons for such change. The proposed operating budget shall provide a complete fiscal plan of all city funds and activities and shall be the city manager deems desirable.

The school budget as adopted by the school committee shall be submitted to the city manager at least thirty days prior to the submission of the proposed operating budget to the city council. The city manager shall notify the school committee of the date by which the budget of the school committee shall be submitted to the city manager. The city manager and the superintendent of schools shall coordinate the dates and times of the school committees budget process in accordance with the laws of the commonwealth. (Amended 8-26-94)

(a) Public hearing. The city council shall publish in at least one news-paper of general circulation in the city a summary of the proposed operating budget as submitted by the city manager by a notice stating: (1) the times and places where copies of the entire proposed operating budget are available for inspection by the public, and (2) the date, time and place not less than fourteen days after such publication when a public hearing on said proposed operating budget will be held by the city council. For the purpose of this section the summary of the proposed operating budget that is required to be published shall contain proposed appropriations, funding sources and any nar-rative summary deemed necessary by the city council.

(b) Adoption of the budget. The city council shall adopt the operating budget, with or without amendments, within forty-five days following the date the budget is filed with the clerk of the city council. In amending the oper-ating budget, the city council may delete or decrease any amounts except ex-penditures required by law, but except on the recommendation of the city manager, the city council shall not increase any item in or the total of the pro-posed operating budget. unless otherwise authorized by the laws of the common-wealth.

If the city council fails to take action with respect to any item in the operating budget within forty-five days after receipt of the budget, such amount shall, without any action by the city council, become a part of the ap-propriations for the year, and be available for the purposes specified. (Amended 8-26-94)

(b) Contents. The capital improvements program shall include: (1) a clear summary of its contents; (2) an itemization of all capital improvements, including those of the school department, proposed to be undertaken during the next five or more fiscal years with supporting data; (3) cost estimates, meth-od of financing, and recommended time schedules; and, (4) the estimated annual cost of operating and maintaining the facilities included.

(c) Public hearing. The city council shall publish in at least one news-paper of general circulation in the city a summary of the capital improvements program and a notice stating: (1) the times and places where entire copies of the capital improvements program are available for inspection by the public; and, (2) the date, time and place not less than fourteen days after such pub-lication, when a public hearing on said plan will be held by the city council.

(d) Adoption. At any time after the public hearing but before the first day of the last month of the current fiscal year, the city council shall by resolution adopt the capital improvements program with or without amendment, provided that each amendment must be voted separately and that any increase in the capital improvements program as submitted must clearly identify the method of financing proposed to accomplish such increase. (Amended 8-26-94)

The city manager shall annually prepare a long-term financial forecast of city revenue, expenditures and the general financial condition of the city. The forecast shall include, but not be limited to, an identification of fac-tors which will impact on the financial condition of the city, revenue and ex-penditure trends, potential sources of new or expanded revenues and any long or short term actions, that may be taken to enhance the financial condition of the city. The forecast shall be submitted to the city council and shall be available to the public for inspection. (Amended 8-26-94)

(a) Methods of organization. The organization of city government into operating agencies for the provision of services and the administration of government shall be the responsibility of the city manager. Subject only to the express prohibitions in the laws of the commonwealth or the provisions of this charter, the city manager may by administrative order reorganize, consol-idate, create, merge, divide or abolish any city department or agency, in whole or in part, establish such new city agencies as he deems necessary or advisable, and prescribe the functions and the administrative procedures to be followed by all such agencies.

Administrative orders made by the city manager shall become effective on the thirtieth day following the day on which notice of the proposed adminis-trative order is filed with the city council, unless the city council shall within such period by majority of the full city council vote to reject such administrative order or has sooner voted to affirm it.

(a) Establishment; composition of commission. Until such time as pro-vided otherwise by paragraph (a) of section 6-1, there shall be a licensing commission which shall consist of three residents of the city, the director of community development and director of inspectional services. One resident member shall serve as chairman. The three resident members shall be appointed in accordance with section 4-2.

(b) Powers and duties. Except as otherwise provided by this charter, the licensing commission shall act as the licensing authority for the city with all power to grant, suspend or revoke licenses and permits for intoxicating liquors, and all licenses and permits now or hereafter vested by law in the mayors and city councils of cities of the commonwealth. (Amended 8-26-94)

(a) Establishment composition of commission. Until such time as pro-vided otherwise by paragraph (a) of section 6-1, there shall be a traffic and parking commission which shall consist of the police chief, who shall serve as chairperson, the fire chief, the director of public works, the director of community development, or their designees, and one resident member appointed in accordance with section 4-2. The officer or employee appointed as parking clerk in accordance with the laws of the commonwealth shall serve as clerk to the traffic and parking commission.

(b) Powers and duties. The traffic and parking commission shall have ex-clusive authority, except as otherwise provided by this charter, to adopt, amend, alter, and repeal rules and regulations, not inconsistent with the Gen-eral Laws, relative to vehicular traffic in the city, and to the movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, ways, highways, roads and parkways under the control of the city, in-cluding rules and regulations, designing any way or part thereof under said control as a through way under and subject to the provisions of section nine of chapter eighty-nine of the General Laws, and may prescribe penalties for violation of any rule or regulation adopted hereunder.

Ten residents of the city, who are eighteen years of age or older, may petition the traffic and parking commission relating to any rule or regulation adopted or proposed to be adopted provided the rule or regulation has not been in effect for a period no longer than ninety days. The traffic and parking commission shall hold a public hearing thereon within thirty days after the filing with the traffic and parking commission of such petition.

If a public hearing shall be held on any proposed rule or regulation, the proposed rule or regulation shall not be adopted until the public hearing has been concluded. After the public hearing has been held, any vote on the sub-ject matter must be passed by a majority of the full membership on the traffic and parking commission.

The city manager shall adopt rules and regulations establishing a person-nel system. The personnel system shall make use of current concepts of per-sonnel management and may include, but not be limited to, the following ele-ments: a method of administration; personnel policies indicating the rights, obligations and benefits of employees; a classification plan; a compensation plan; a method of recruiting and selecting employees based upon merit princi-ples; a centralized record keeping system; a performance evaluation system; disciplinary procedures; and other elements that are determined necessary.

(a) Signature requirements. The number of signatures of voters required to place the name of a candidate on the official ballot to be used at a preliminary election shall be as follows: For the office of councillor-at-large the signature requirement shall be not less than one hundred and fifty. For the office of school committee member, the signature requirement shall be not less than one hundred. For an office district councillor the signature re-quirement shall be not less than fifty signatures from said district.

(b) Ballot position. The order in which names of candidates appear or the ballot for each office shall be determined by a drawing by lot conducted by the city clerk in the presence of such candidates or their representatives as may choose to attend such drawings. The city clerk shall provide notice to candidates of their ballot position.

(c) Determination of candidates for election. The two persons receiving at a preliminary election the highest number of votes for nomination for an office shall be the sole candidates for that office whose names may be printed in the official ballot to be used at the regular election at which such office is to be filled, and no acceptance of a nomination at a preliminary election shall be necessary to assure its validity.

If two or more persons are to be elected to the same office at such regu-lar election, the several persons in number equal to twice the number to be so elected receiving at such preliminary election the highest number of votes for nomination for that office shall be the sole candidates for that office whose names may be printed on the official ballot.

If the preliminary election results in a tie vote among candidates for nomination receiving the lowest number of votes, which but for said tie vote would entitle a candidate receiving the same to have such candidates name printed upon the official ballot for the election, all candidates participating in said tie vote shall have their names printed upon the official ballot, although in consequence thereof, there be printed on such ballots the names of candidates exceeding twice the number to be elected.

(d) Nomination of candidates. If at the expiration of the time for fil-ing petitions of candidates to be voted for at any preliminary election, not more than twice as many such petitions have been filed with the city clerk for an office as are to be elected to such office, the candidates whose petitions have thus been filed shall be deemed to have been nominated to said office and their names shall be voted on for such office at the succeeding regular elec-tion, and the city clerk shall not print said names upon the ballot to be used at said preliminary election and no other nomination to said office shall be made. (Amended 8-26-94)

(b) Ballot position. The order in which names of candidates appear on the ballot for each office in a regular city election shall be determined by a drawing by lot conducted by the city clerk in the presence of such candidates or their representatives as may choose to attend. The city clerk shall pro-vide notice to candidates of their ballot position. (Amended 8-26-94)

The territory of the city shall be divided into districts so established as to consist of as nearly equal a number of inhabitants as it is possible in compact and contiguous territory; bounded insofar as possible by the center line of known streets or ways or by other well defined limits. (Amended 8-26-94)

Except as expressly provided in this charter and authorized by laws of the commonwealth, all city elections shall be governed by the laws of the common-wealth relating to the right to vote, the registration of voters, the nomina-tion of candidates, the conduct of preliminary and regular elections, the sub-mission of charter amendments and other propositions, the counting of votes and the declaration of results. (Amended 8-26-94)

The city council or the school committee shall hold a public hearing 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 mea-sure. 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. (Amended 8-26-94)

(a) Commencement of proceedings. Initiative procedures shall be com-menced by the filing of an initiative petition with the city clerk. The peti-tion 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 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 resi-dence of the signer, giving the street and number, if any.

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 certifica-tion 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.

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 therefor in said reply. The city clerk shall forthwith furnish a copy of the city solicitors opinion to the person designated on the petition as filing the same.

(c) Initiative petition; requirements for passage and submission to elec-torate. 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 af-ter the date of the 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.

If within ten days after the final passage of any measure a petition signed by voters equal in number to at least five percent of the total number of voters, and addressed to the city council or to the school committee, as the case may be, protesting against such measure or any part thereof taking effect, is filed with the city clerk, the same shall thereupon and thereby be suspended from taking effect; and the city council or 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 coun-cil 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 peti-tion described in this section shall be termed a referendum petition and para-graph (a) of section 8-2 shall apply to the procedure in respect thereto, ex-cept that the words measure or part thereof protested against shall for this purpose be understood to replace measure in said section whenever it may oc-cur, and referendum shall be understood to replace the word initiative in said section. (Amended 8-26-94)

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 capi-tal 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 (j) proceedings providing for the submission or referral of a measure to the voters at an election. (Amended 8-26-94)

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 adop-tion or rejection at a general or special city election any proposed measure, or a proposition for the repeal or amendment of any measure, in the same manner and with the same force and effect as are hereby provided for submission on petition. (Amended 8-26-94)

(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 pro-vided in this section. No recall petition may be filed against an elected of-ficial within six months after taking office.

(b) Recall petitions. A recall affidavit signed by at least three hun-dred for any official elected at large and by at least one hundred for any of-ficer 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 re-gard 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