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Proposed Charter for the City of Pittsfield

Proposed Charter for the City of Pittsfield

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Published by Joe Durwin
Working draft of the recommendations by the Charter Review Study Committee for a new charter of the City of Pittsfield
Working draft of the recommendations by the Charter Review Study Committee for a new charter of the City of Pittsfield

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Published by: Joe Durwin on Apr 17, 2013
Copyright:Attribution Non-commercial

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12/03/2013

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City of Pittsfield, MassachusettsDraft Charter April 12, 2013
Edward J. Collins, Jr. Center for Public ManagementUniversity of Massachusetts Boston
1
 
CHAPTER XXX AN ACT REVISING THE CHARTER FOR THE CITY OF
1
PITTSFIELD.
23
Be it enacted by the Senate and House of Representatives in General Court
4
assembled, and by the authority of the same as follows:
56
SECTION 1. The following shall be the charter for the city of Pittsfield.
78
ARTICLE 1
9
INCORPORATION; SHORT TITLE; DEFINITIONS
1011
SECTION 1-1: INCORPORATION
12
The inhabitants of the city of Pittsfield, within the territorial limits established
13
by law, shall continue to be a municipal corporation, a body corporate and
14
politic, under the name "City of Pittsfield
”.
1516
SECTION 1-2: SHORT TITLE
17
This instrument shall be known and may be cited as the city of Pittsfield
18
charter.
1920
SECTION 1-3: DIVISION OF POWERS
21
The administration of the fiscal, prudential and municipal affairs of the city of 
22
Pittsfield shall be vested in an executive branch headed by a mayor and a
23
legislative branch consisting of a city council. The legislative branch shall
24
never exercise any executive power and the executive branch shall never
25
exercise any legislative power.
2627
SECTION 1-4: POWERS OF THE CITY
28
Subject only to express limitations on the exercise of any power or function
29
by a municipal government in the constitution or General Laws, it is the
30
intention and the purpose of the voters of Pittsfield, through the adoption of 
31
this charter, to secure for themselves and their government all of the powers
32
it is possible to secure as fully and as completely as though each power were
33
specifically and individually enumerated in this charter.
3435
SECTION 1-5: CONSTRUCTION
36
The powers of the city of Pittsfield under this charter are to be construed
37
liberally in favor of the city, and the specific mention of any particular power
38
is not intended to limit the general powers of the city as stated in section 1-
39
4.
40414243
 
City of Pittsfield, MassachusettsDraft Charter April 12, 2013
Edward J. Collins, Jr. Center for Public ManagementUniversity of Massachusetts Boston
2
 
SECTION 1-6: INTERGOVERNMENTAL RELATIONS
1
Subject only to express limitations in the constitution or General Laws, the
2
city of Pittsfield may exercise any of its powers or perform any of its
3
functions and may participate in the financing thereof, jointly or in
4
cooperation, by contract or otherwise, with the commonwealth or any of its
5
agencies or political subdivisions, or with the United States government or
6
any of its agencies.
78
SECTION 1-7: DEFINITIONS
9
As used in this charter, the following words shall, unless the context clearly
10
requires otherwise, have the following meanings:
11
(1) “Charter”, this charter and any adopted amendments to it.
12
(2) “City”, the city of 
Pittsfield.
13
(3) “City agency”, any multiple member body, any department, division, or
14
office of the city of Pittsfield.
15
(4) “City office or department head”, a person having charge of a city office
16
or department.
17
(5) “City website”, a site established and maintained by the city as its online
18
repository of municipal information, whether on the Internet or accessed
19
through another comparable technology.
20
(6
) “Emergency”, a sudden, generally unexpected occurrence or set of 
21
circumstances demanding immediate action.
22
(7
) “Full city council”, the entire authorized membership of the city council,
23
notwithstanding any vacancy which might exist.
24
(8
) “Full multiple member body”, the entire authorized membership of a
25
multiple member body, notwithstanding any vacancy that exists.
26
(9
) “Full school committee”, the entire authorized membership of the school
 
27
committee, notwithstanding any vacancy that exists.
28
(10)
 “Initiative measure”, a measure proposed by the voters through the
29
initiative process provided under this charter.
30
(11
) “Local newspaper”, a newspaper of general circulation within
Pittsfield,
31
with either a weekly or daily circulation.
32
(12
) “Majority vote”, when used in connection with a meeting of a multiple
33
member body, shall mean a majority of those present and voting, unless
34
another provision is made by ordinance or by such body’s own rules;
35
provided, however, that General Laws related to any vote to meet in
36
executive session shall always require a majority of the full multiple
37
member.
38
(13
) “Measure”, any ordinance, order or other vote or proceeding adopted,
39
or which might be adopted, by the city council or the school committee.
40
(14
) “Multiple member body”, any council, commission, committee,
41
subcommittee or other body consisting of 2 or more persons whether
42
elected, appointed or otherwise constituted, but not including the city
43
 
City of Pittsfield, MassachusettsDraft Charter April 12, 2013
Edward J. Collins, Jr. Center for Public ManagementUniversity of Massachusetts Boston
3
 
council, the school committee or an advisory committee appointed by the
1
mayor.
2
(15
) “Organization or reorganization plan”, a plan submitted by the mayor to
3
the city council which proposes a change in the organization or the
4
administrative structure of the city administration or organization or a
5
change in the way in which a municipal service or services are delivered.
6
(16
) “Quorum”, a majority of all voting members of a multiple member body
7
unless some other number is required by law or by ordinance.
8
(17
) “Recall”, an el
ection to remove an elected official from office before the
9
expiration of the term for which elected.
10
(18
) “Referendum measure”, a measure adopted by the city council or the
11
school committee that is protested under the referendum procedures of this
12
charter.
13
(19
) “Remove from the city” 
or
”remove from a ward”, when a person
14
ceases to be domiciled within the territorial limits of the city or a ward.
15
(20
) “Voters”, registered voters of the city of 
Pittsfield.
16
(21
) “Year”, a calendar year, unless otherwise s
pecified.
171819
ARTICLE 2
20
LEGISLATIVE BRANCH
2122
SECTION 2-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY
23
(a) Composition - There shall be a city council consisting of 11 members
24
which shall exercise the legislative powers of the city. Four of these
25
members, to be known as councilors-at-large, shall be nominated and
26
elected by and from the voters at large. Seven of these members, to be
27
known as ward councilors, shall be nominated and elected by and from the
28
voters in each ward; 1 such ward councilor to be elected from each of the 7
29
wards into which the city is divided under section 8-6.
30
(b) Term of Office - The term of office for councilors shall be 2 years each,
31
beginning on the first Monday in the January succeeding the councilor’s
32
election, except when that first Monday falls on a legal holiday, in which
33
event the term shall begin on the following day and until a successor has
34
been qualified.
35
(c) Eligibility - Any voter shall be eligible to hold the office of councilor-at-
36
large. A ward councilor shall be a voter in the ward from which election is
37
sought. If a ward councilor or a councilor-at-large removes from the city
38
during the councilor’s term, that office shall immediately be deemed vacant
39
and filled in the manner provided in section 2-11. A ward councilor who
40
removes from the ward in which the councilor was elected and who remains
41
a resident of the city may continue to serve during the term for which the
42

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