Article I. Council Meetings
Sec. 2-1. Regular meetings of the City Council
Sec. 2-2. Special meetings of the City Council
Sec. 2-3. All meetings to be open to public
Sec. 2-4. Reserved
Sec. 2-5. Reserved
Sec. 2-6. Reserved
Sec. 2-7. Reserved
Sec. 2-8. Reserved
Sec. 2-9. Reserved
Sec. 2-10. Reserved
Sec. 2-11. Ballot Question Summaries
Sec. 2-12. Reserved
Sec. 2-13. Mailers on referendum measures
Sec. 2-14. Re-districting notification to public
Sec. 2-15. Home Rule Petitions amending State laws/public
hearings
Sec. 2-16. Charter amendment process/public hearings
Sec. 2-17. Ordinances, resolutions, motions and contracts
Sec. 2-18. First reading procedures
Sec. 2-19. Reserved
Sec. 2-20. Compensation - City Council members
Article II. Employees Employed by the Council
CHAPTER 2 - CITY COUNCIL
Section 2-1. Regular Meetings of the City Council
The City Council shall meet regularly on the first and third Mondays of each month, provided, however, that if the said first or third Monday shall fall on a legal holiday, then the City Council shall meet on the Tuesday night which follows such legal holiday. Provided further that in the instance where a City Council Meeting would otherwise, by this ordinance, be on the eve of a municipal primary, prliminary or regular election, then said meeting shall be set for the Thursday following said election. Meetings of the City Council shall be called to order promptly at 7:00 o'clock P.M. in the City office building, provided, however, that if conditions require it, the Chairman of the City Council may declare the meetings will be held at another place, with as much notice as conditions allow. During the months of June, July and August of each year, the regular meeting of the City Council shall be held on the first Monday of each month.
(1973 Ord., as amended by Ord. #2, June 1973; as further amended
by Ord. #496, Eff. December 1st, 1993; as further amended by Ord. #499, Eff.
January 4th, 1994; and
as further amended by Ord. #711, Eff. January 3rd, 2001, and as further amended
by Ord. #802)
Section 2-2. Special Meetings of the City Council
Special meetings of the City Council may be held on the call of the Chairman of the City Council, or on the call of any three or more members, by written notice delivered to the place or residence or business of each member at least forty-eight hours in advance of the time set. Such notice shall contain the purpose or purposes of the meeting, and no other business shall be conducted thereat.
(1973 Ord. Revised)
Section 2-3. All Meetings to be Open to Public
Except as otherwise authorized by General Laws, all sessions of the City Council shall be open to the public and press. Every matter coming before the City Council for action shall be put to a vote, the result of which shall be duly recorded. A full, accurate, and up-to-date record of the proceedings of the City Council shall be kept and shall be open to inspection by the public.
(1973 Ord.)
Section 2-11. Ballot Question Summaries
To the extent as may be permitted by the Secretary of State and allowed under
State statute, all ballot questions of a local referendum nature shall have
contained on the ballot a summary explanation of such ballot question.
(Ord. #594, Effective January 1st, 1997)
Section 2-12. Reserved.
Section 2-13. Mailers on Referendum Measures.
In accordance with the provisions of General Laws, Chapter 54, Section 58, the provisions of Sections 55 through 57 thereof shall be suspended as to all laws to be submitted for acceptance to the voters as provided for in said Section 55, and, in substitute thereof, the following policy and procedure, upon approval of the Mayor, shall apply.
Whenever any law, be it statute or ordinance, shall be submitted for acceptance to the voters of the City of Methuen by the placement thereof on a ballot at any election, the City Clerk of Methuen shall send to each household, in which there is listed a registered voter of the City entitled to vote on such question, a copy of such law, together with a statement of general purport thereof, which statement shall be prepared by the City Solicitor and approved by the Mayor and the City Council. All such copies or statements shall be sent not less than seven (7) nor more than twenty-one (21) days before the election at which said matter is to be voted upon.
(Ord. #592, Eff. Dec. 7th, 1996)
Section 2-14. Re-Districting Notification to Public
Should the City Council entertain a re-districting ordinance of election districts, the City Clerk thereafter, at a minimum of seven days prior to such submission, is required to cause to be advertised on the local access channel of the Cable television and in the newspapers of general circulation within the municipality a notice of said re-districting.
(Ord. #718, Eff. May 14, 2001)
Section 2-15. Home Rule Petitions Amending State Laws/Public Hearings
No Home Rule Petition shall or may be filed nor finally adopted for submittal to the Massachusetts state legislature and the Governor of the Commonwealth of Massachusetts seeking Home Rule Amendment to the General Laws or state regulations unless and until a public hearing shall be held on the same, notice of which shall be given by publication in a newspaper of general circulation in the City, the publication of which shall be no less than ten days before the date of hearing. Notice of such public hearing shall be posted in a conspicuous place in the City Hall for a period of no less than seven days before the date of hearing.
(Ord. #408, Eff. Dec. 5th, 1990)
Section 2-16. Charter Amendment Process/Public Hearings
No petition seeking an alteration of the Methuen Home Rule Charter, by and through action of the Massachusetts state legislature and the Governor of the Commonwealth under Chapter 43B, Section 10, Massachusetts General Laws, shall be finally adopted, executed or submitted to said legislature unless and until prior to said adoption a public hearing shall have been held on said petition, notice of which shall be given by publication in a newspaper of general circulation in the City, the publication of which shall be no less than ten days before the date of hearing. Notice of such public hearing shall be posted in a conspicuous place in the City Hall for a period of no less than seven days before the date of hearing.
(Added by Ord. #394, Eff. Oct. 5th, 1990)
Section 2-17. Ordinances, Resolutions, Motions and Contracts
A. Preparation of Ordinances
All ordinances shall be reviewed by the City Solicitor. No ordinance shall be prepared for presentation to the Council unless requested in writing by a Councillor or by the Mayor.
B. Prior Review by Administrative Staff
All ordinances and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Solicitor, and, where there are substantive matters of administration involved, the Mayor shall have the opportunity for examination and comment thereon before final adoption.
C. Introducing for Passage or Approval
1) All action items coming before the Council shall be in the form of an ordinance, resolution, contract or proclamation, or any other matters and subjects requiring action, and shall be introduced and sponsored by a member of the Council; except that the Mayor may present ordinances, resolutions and contracts to the Council.
2) No ordinance shall be put on its final passage on the same day it was introduced, unless such is declared an emergency by vote of the Council; provided, however, that contracts, proclamations and public service grants shall require only one reading.
3) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance or section thereof shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practicable, all ordinances shall be introduced as amendments to existing ordinances or sections thereof.
Section 2-18. First Reading Procedures
No matter requiring final action in the form of an ordinance, resolution or order coming before the City Council shall be considered as a first reading item unless it shall be submitted in the proper written form of an ordinance, resolution or order; nor shall any such item be entertained for first reading until the City Council shall have affixed to such document a Council docket number.
(Ord. #319, Effective October 19th, 1988)
Section 2-20. Compensation - City Council Members
The members of the Methuen City Council shall be compensated as listed below:
$6,000.00 for the Chairman
$5,400.00 for the Vice Chairman
$4,800.00 for Councillors
The foregoing to be the annual compensation, paid on a pro-rated monthly basis
of:
$500.00 for the Chairman
$450.00 for the Vice Chairman
$400.00 for Councillors
The payment of such pro-rated compensation shall be made on the last Thursday of each month prior to the last Saturday.
(Ord. #253, Eff. January 1988, as amended by Ord. #282,
(Eff. March 7, 1988)
Article II. Employees Employed by the Council
A. Mode of Appointment, Term of Office
The City Council shall, on or before January fifteenth in odd numbered years, elect, by ballot or otherwise, a City Accountant to hold office for a term of two years and until his/her successor is qualified.
B. Qualifications
The City Accountant shall be a person especially fitted by education, training and previous experience to perform the duties of the office.
C. Powers and Duties
The City Accountant shall keep and have charge of all accounts of the City. He shall keep such books as shall, in such form and detail as may be necessary, clearly exhibit all expenditures and receipts of each City agency. He shall credit each municipal account with its appropriation for the municipal year, charging against each such account the expenditures as may be made from time to time. The City Accountant shall examine all bills, drafts, orders and payrolls, and, if found correct and properly approved, shall draw a warrant upon the treasury for the payment of the same, and the Treasurer shall pay no money from the treasury except upon such warrant approved by the Accountant. The City Accountant shall, at regular intervals, and as often as at least once each month, send to the Mayor and City Council and to each board, committee, head of department or officer having the disbursement of an appropriation, a statement of the amount of orders approved and warrants drawn on behalf of a board, department or officer during the preceding month, and a statement of the balance of such appropriation remaining subject to draft. The City Accountant shall make an annual report, to be published as a City document, giving a statement of all receipts and expenditures of the City in accordance with the classifications prescribed by the Director of Accounts. The City Accountant shall regularly audit the books and accounts of all City agencies, and he shall have such powers and perform such other duties as the City Council may prescribe in addition to such other duties as may be prescribed by law.
(1973 Ord., Section 2.10 Revised; as further amended by
Chapter 145 of the Acts and Resolves of 1996)
Section 2-23. Clerk of Council
A. Mode of Appointment, Term of Office
The City Council shall, on or before January fifteenth in odd numbered years, elect, by ballot or otherwise, a Clerk of the Council to hold office for a term of two years or until his/her successor is qualified.
B. Qualifications
The Clerk of the Council shall be a person especially fitted by education, training and previous experience to perform the duties of the office.
C. Powers and Duties
The Clerk of the Council shall give notice of all meetings of the council to its members and to the public, keep a record of its proceedings and perform such duties as may be assigned by vote of the council.
(1973 Ord., Section 2.11; as further amended by Chapter 145
of the Acts and Resolves of 1996)
Section 2.24. Department of Law
A. The Department of Law shall consist of the City Solicitor who shall, in accordance with Chapter 182 of the Acts and Resolves of 1985, be appointed by the City Council. The City Council shall, on or before January fifteenth in odd numbered years, elect, by ballot or otherwise, a City Solicitor to hold office for a term of two years and until his/her successor is qualified. He/she shall enforce all laws and act to protect the interests of the City and he/she shall:
1. Advise Council
Advise the Council or its committees or any City officer, when thereto requested, upon all legal questions arising in the conduct of City business.
2. Prepare Ordinances
Prepare or revise ordinances when so requested by the Mayor, Council or any committee thereof.
3. Give Opinions
Give his/her opinion upon any legal matter or question submitted to him/her by the Council under rules adopted by said body or by any other City officer.
4. Prepare Legal Instruments
Prepare for execution all contracts and instruments to which the City is a party and shall approve, as to form, all bonds required to be submitted to the City.
5. Prosecute Offenders and Defend Officials
Prepare, when authorized by the Mayor, all charges and complaints against, and shall appear in the appropriate court in the prosecution of, every person charged with the violation of a City ordinance or of any regulation adopted under authority of the Charter, or with the Council of a misdemeanor as declared by the Charter or by virtue of its authority. In any prosecution for violation of any regulations adopted by any board or commission created under authority of the Charter, the City Attorney shall act under the directions of such board or commission, subject to such paramount control as is given to the Administrator of the Charter.
6. Settlement of Claims
Have the power to adjust, settle, compromise or submit to arbitration, any action, causes of action, accounts, debts, claims, demands, disputes, and matters of favor of or against the City of in which the City is concerned as debtor or creditor, now existing or which may hereafter arise, not involving or requiring payment to exceed $500.00; and with the permission of the Mayor, may do likewise in matters not involving or requiring payment to exceed $2,500.00; provided the money to settle claims generally has been appropriated and is available therefor.
7. Make Reports
a. Immediate report of decision. Immediately report the outcome of any litigation in which the City has an interest to the Mayor and the Council.
b. Annual report of pending litigation. Make an annual report, to the Mayor and Council, as of the first day of July of all pending litigation in which the City has an interest and the condition thereof.8. Control Legal Services Incidental to Council Action
Have charge of all legal services auxiliary to Council action in connection with the appropriating of property to public use.
9. Keep Recordsa. Suits.
Keep a complete record of all suits in which the City had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its condition, if pending, and the briefs of counsel.
b. Opinions and Titles.Keep a complete record of all written opinions furnished by him/her and of all certificates or abstracts of titles furnished by him/her to the City or any department or official thereof.
10. Notwithstanding that a public employee (as defined in Chapter 258, Section 1, Massachusetts General Laws) shall not be liable for negligent or wrongful acts as described in Chapter 258, Section 2, if a cause of action is improperly commenced against a public employee of the City, alleging injury or loss of property or personal injury or death as the result of the negligent or wrongful act or omission of such employee, said employee may request representation by the City Solicitor. The City Solicitor shall defend the public employee, if authorized by the Mayor, with respect to the cause of action at no cost to the employee; provided, however, that the City Solicitor determines that the public employee was acting within the scope of his/her office or employment at the time of the alleged loss, injury, or death, and further, that said public employee provides reasonable cooperation to the City and the City Solicitor in The defense of any action arising out of the same subject matter. If, however, in the opinion of the City Solicitor representation of the public employee under this section would result in a conflict of interest, the City Solicitor shall not be required to represent the public employee.
(1973 Ord., as amended by Ord #38, Revised; as amended by
Ord. #215, Adopted Dec. 2, 1985, as amended by Ord. #284,
Eff. April 20, 1988; as further amended by Chapter 145 of
the Acts and Resolves of 1996.)
Section 2.25. Compensation, Hours and Duties
The employees of the Council shall be supervised and directed by the Council
as established from time to time by vote of the body. The salaries of the Council
employees shall be set as provided for in Section 2-8(d) of the Charter.